LIBRARY OF CONGRESS. 






UNITED STATES OP AMERICA. 



HISTORY 



AND 



aOYEBNMEN^T 



OF 



KANSAS. 



=^ . 




'COf^f., 



AUG 22 1894! 



E. H. BUTLEE & c6. 



PHILADELPHIA: T^-^X^ ^'^^ "JZ. 



V 



A\ ^ -k 






COPYRIGHT, 1894, BY E. H. BUTLER & CO. 



HISTORY AND GOVERNMENT OF KANSAS. 



L 



A HISTORT OF KANSAS 



That the Fathers, 

Who could only Suffer and Hope, 

May Not be Forgotten 

By the Children, 

Whose is the Glad Fruition — a most Sacred Trust - 

These Pages have been Prepared. 



Copyright, 1884, by Cowperthwait & Ca 



A 
HISTORY OF KANSAS. 



THE STATE, 



1, Location, — Take a map of the United States, care- 
fully cut away the margins of the sheet, and then fold 
the edges together, side to side and top to bottom : on 
opening it, the creases will be found to cross each other 
near Fort Riley, one of the Western military posts of 
our country. This is about sixty miles almost directly 
west of Topeka, the capital of Kansas. This State, there- 
fore, is at the geographical centre of the Union. Occupy- 
ing a portion of what is known as the Missouri Basin, 
its marvelous fertility will always find a market in the 
more rugged, often even sterile, territories lying on the 
eastern and southern slopes of the Rocky Mountains. 
Its location makes it the grand avenue of trade with the 
Southwest and with Mexico. To it, and to its sister 
State, Nebraska, the great mining interests of Colorado, 
New Mexico, and Arizona, must always be tributary. 

2, Area, — The State is about four hundred miles long 
and two hundred miles wide, having a land surface of 
eighty-one thousand seven hundred square miles, or fifty- 
two million two hundred and eighty-eight thousand acres; 
that is, it is larger than Maine and Ohio combined, or 
than all the New England States together, Avith Delaware 
and Maryland. The Island of Great Britain (England, 
Scotland, and Wales) is but one-tenth larger than Kansas ; 
and there is sufficient territory within the limits of the 
State to make an allotment of over one and a quarter 



A History of Kansas. 



acres to eaeli man, woman, and clilld in the British Isles, 
or in Germany, France, Austria-Hnngary or Ital}'. 

Of this great territory the improved lands inclnde 
more than twenty-two million acres, or less than one-half 
of the State, — an area greater than that of New Ham})- 
shire, Vermont, Massachusetts, Rhode Island, and Con- 
necticut combined. 

3, CUniate, — The climate is temperate. Breaking the 
sod, pulverizing the soil, and planting trees have extended 
tlie area of the influence of rain, and moisture is retained 
and utilized more and more each year. The heat of sum- 
mer, though sometimes intense, is greatly modified by the 
dryness of the atmosphere and by the almost constant 
prairie breezes. Autumn is proverbially pleasant; frosts 
are long delayed ; all crops have ample time to mature ; and 
Indian summer often extends till Christmas. January and 
February are the winter months, and spring opens early 
and suddenly. Throughout the year, Avhat is known as the 
Gulf breeze is as mild and balmy as the air of the tropics. 

4, Hivers. — Few prairie States are so Avell watered. 
Rivers and creeks cross almost every township. They 
move slowly, draining the bluffs and hill-sides and en- 
riching the luxuriant bottom-lands. Forming part of 
the eastern boundary line is the Missouri, navigable for 
nearly three thousand miles. The Kansas, or Kaw, 
which enters the Missouri at Kansas City, runs about 
one hundred and fifty miles through the State, and is the 
result of the union of the Republican and Smoky Hill 
Rivers — the former being about four hundred miles in 
length and draining southern Nebraska. Just south of 
the Kaw is the AVakarusa, which flows some fifty miles 
through a rich valley. The Big Blue and the Manhattan 
have each a course of some hundred and twenty-five miles; 
which is true of the Marais des Cygnes (3Iard cUseen) — 



The State. 



wliich, in Miss<:)iirl, becomes tlie Osage. The Neoslio 
flows southward nearly two hundred miles, passing into 
the Indian Territory, and having been joined, near Em- 
poria, l)y tlie Cottonwood, with a course of its own of about 
a hundred miles. The great Arkansas River has five 
hundred miles of its length in the southern part of the 
State. These, A\ith innumerable other and minor streams, 
form a net- work of watercourses rarely surpassed. 

5. Surface, — The surface is that of rolling prairie. 
There are no mountains, and but few even respectable 
hills. The generally recognized divisions are bottom- 
lands, immediately adjoining the banks of streams; 
second bottoms, or those which have been the courses of 
the same streams in earlier days; and the high prairies, 
which are generally separated from the second bottoms 
by bluffs varying from fifty to three hundred feet in 
height. From the south-east corner to the north-west, 
the State rises about two thousand feet. 

0, Soil and Products, — The soil in the eastern half 
of the State is a strong loam. Westward, this grows 
lighter, but is valuable for grazing, and promises good 
crops Avith irrigation. The bottoms and second bottoms 
are peculiarly rich; while the high prairie, though strong, 
is not so deep, and is more easily affected by drought. 

Almost all grains can be raised with profit, wheat and 
corn being the staples. Fruit is in abundance, and the 
varieties are increasing. Coal is the chief mineral, under- 
lying some seventeen thousand square miles. Limestone 
and sandstone abound, and furnish good building mate- 
rial. The western portion of the State is of peculiar 
interest to scientists because of large deposits of fossils. 
It is claimed that there is salt enough to supply the needs 
of the State. Grain-farming and stock-raising are the 
leading industries. About forty-four million dollars are 



A Histoi^y of Kansas. 



invested iu manufactures, the value of the products being 
upwards of one hundred and ten million dollars. 

7. Cities, — The cities whose populations exceeded five 
tliousand, by the census of 1890, were Kansas City, 
Topeka, Wichita, Leavenworth, Atchison, Fort Scott, 
Lawrence, Hutchinson, Arkansas City, Emporia, Parsons, 
Pittsburg, Ottawa, Salina, Newton, and Winfield. Of 
cities between one thousand and five thousand each the 
State has not less than eighty. 

S, Trmisportatioti. — The roads of the State are un- 
usually firm and smooth. Bridges are rapidly taking the 
place of fords, and the ordinary means of communication 
are equal to those of much older and wealthier States. 
The State has its full share of railroads. The Atchison, 
Topeka and Santa Fe; Chicago, Rock Island and Pacific; 
Missouri Pacific ; and Kansas Division of the Union 
Pacific railroads traverse the entire State from east to 
west. The other railroads are the Burlington and IVIis- 
souri River ; Hutchinson and Southern ; Kansas City, Fort 
Scott and Memphis ; Kansas City, Wyandotte and North- 
western ; Missouri, Kansas and Texas ; St. Louis and San 
Francisco ; and Wichita and Western. 

9, Populafioii, — In spite of six years of territorial 
strife, and four years of suffering during the civil war, 
Kansas has so well recommended itself to those seeking 
new homes in the West that it already has a population 
of nearly one and a half millions, comprising the better 
class of emigrants from every civilized land, and very 
large numbers from the Eastern and Middle States. 

10. Conclusioti. — The history of such a State may well 
be carefully studied under any circumstances. But there 
are many reasons why the history of Kansas equals in 
interest that of any of the thirteen original Colonies. 



Rifie of the Slave-Power, 



They fought the battle of universal liberty, but when they 
liacl conquered they excluded from the beneficent results 
thousands of human beings because of a darker skin. On 
the soil of Kansas was begun the conflict which did not 
end until the old bell of liberty could ring out to all the 
land, ^' Proclaim liberty to all the inhabitants thereof." 



THE RISE OF THE SLAVE-POWER. 

11, Prelude, — To apj^reciate the struggle which made 
Kansas famous, one must know something of the rise of 
the slave-power. The many minor incidents which fanned 
the sparks of dissatisfaction into a flame cannot be given. 
But the more important history must be related, though 
briefly. 

12, Ititroductlofi of Slaves, — The oldest city in the 
United States is St. Augustine, Florida. It was founded 
by the Spaniards, under Melendez, in the summer of 1565 ; 
and the rude houses and the fortifications were built 
by negro slaves. Then and there was African slave- 
labor introduced on our soil. Later, in 1619, a Dutch 
man-of-war brought to Jamestown, Virginia, twenty 
negroes, wlio were sold to the planters. Importation was 
not very rapid, for at the end of thirty years there was 
in this colony but one negro to fifty whites. After that 
it steadily increased, and at the time of the Revolution 
slavery was a recognized fact in all the colonies. The 
total number enslaved was about half a million, of whom 
some thirty-two thousand were in colonies north of 
Maryland. 



8 A History of Kamcis. 

13. CJiantfvs hi Feelhirj. — Just before the Ivevolution, 
both the northern and the southern colonies began to witli- 
draw from slaveholding. In the ''Articles of Associa- 
tion," adopted by the Congress of 1774, and very gen- 
erally ratified by the people, it was declared that after 
December of that year no more slaves should be imported. 
The prohibition was repeated, without opposition, in 
April, 1776. But when Jefferson placed in the Decla- 
ration of Independence a clause com})laining of George 
III. because he had forbidden the attempts " to prohibit 
or restrain this execrable commerce," it Avas struck out, 
— mainly at the request of delegates from Georgia and 
South Carolina. This was the turning-point; and from 
that time the desire to perpetuate slavery grew steadily, 
though at first slowly. 

14, Slavery and the Constitution, — The question was 
not before the people during the Revolutionary War, as 
they were then struggling for mere existence. After the 
war came a period of great financial distress, ending in a 
rebellion in Massachusetts known as " Shays'," from the 
name of the leader. Then it became necessary to " establish 
a more perfect union," and the Constitution was " wrung 
from the grinding necessities of a reluctant people." So 
far as it differed from the old Articles of Confederation, it 
was a series of compromises. By one of these slavery was 
recognized, though the word does not appear. Although 
the South doubted whether slaves were human beings, 
and stoutly asserted their right to hold them as property, 
they were allowed to count them as persons (three-fifths 
entering the enumeration on which tlie re})resentation was 
based). This virtually made a Soutlierner who owned 
five hundred slaves the political equal of three hundred 
and one free white citizens of the North. Moreover, the 
Constitution provided (Art. IV., Sec. 2, P. 3) for the re- 



The Rise of the Slave- Power. 9 

turn of slaves who miglit fly from one State to another. 
It is true that here, as elsewhere, the word " slave " does 
not occur ; but the omission was only a very pitiable trick 
by which men lied to themselves and to the world about 
facts that could not be lied away. 

15. The First FiiffiUveSlave Lmv, — In 1793, Con- 
gress passed a fugitive-slave law. This was, perhaps, 
the first explicit national recognition of slavery. By 
this act it was possible for any one claiming to be the 
owner, or the agent of an owner, to arrest any negro any- 
where, claim him as a slave, and bring the case for im- 
mediate trial before an}^ justice of the peace. The testi- 
mony of the pretended master or agent would be suffi- 
cient, if the magistrate should so decide ; and the negro 
must prove the fact of his freedom, when all justice re- 
quired that the alleged owner should prove that the man 
was a slave. The negro was not entitled to a jury trial ! 

16. The Cotton-Gin. — In this same year Eli Whitney 
invented the cotton-gin. This separated the seed from 
the cotton. In thus preparing the crop for the market 
it did the work of three hundred and fifty men. This 
gave a great impetus to the cultivation of this plant, and 
increased the profit in slave-labor, and hence increased the 
demand for slaves. 

17. Im%)ortation of Slaves Forbidden, — In January, 
1806, Congress formally forbade the importation of slaves 
from and after January 1, 1808, the date prescribed by 
the Constitution. This sounds well, but it Avas really a 
mere paper law ; and all debates concerning the punish- 
ment to be inflicted for breakino- it show that there was 
no serious thought of enforcing it. The importation 
went on as before, both North and South engaging in it 
more and more zealously — the former rather outstripping 
the latter in this nefarious business. 



10 A History of Kansas. 

18, The CoUmizat ion Society, — This was founded at 
Washington, in 1816, for the purpose of colonizing the 
free negroes in some part of Africa. Many philanthropic 
men, from all sections of the country, engaged in this 
work. But it is not questioned now that the real pur- 
pose of most Southern members was to get the free 
blacks out of the country; their association with slaves 
and their influence over them being considered dangerous. 
Many of the radical Northern anti-slavery men saw this 
from the beginning, and refused to have anything to do 
with the society. Out of its work finally grew the Ke- 
public of Liberia. 

19, Anti.Slavery Feeling in the North. — The desire 
to free the country from the plague-spot, slavery, was 
slowly but surely gaining ground at the North. The 
Quakers had taken a firm stand against the institution as 
earl}^ as the beginning of the preceding century. Other 
denominations were slower to move, but in every Northern 
State was an increasing number who were at least unwill- 
ing to extend slave territory. Many foresaw that, sooner 
or later, the question must result in a sharp struggle, 
which might involve the life of the nation. 

20, The 3Iissotiri Comj^romise. — When Missouri 
asked to be admitted as a State, several grave questions 
came before Congress. Among these were : Can Congress 
impose conditions on the admission of a State? Can 
Congress prohibit slavery in the Territories ? Can free 
blacks be considered citizens ; and are they, as citizens 
of certain States, entitled to the privileges of citizens in 
all the other States? The first was already settled by 
several unquestioned precedents. The second ought to 
have been answered sharply in the affirmative, under the 
express terms of the Constitution (Art. IV., Sec. 3, P. 2). 
Nor should there have been any hesitation as to the 



llie Rise of the Slave- Poiuer. 11 



third. But in the long debate and in the so-called com- 
promise which followed, the first and third were really 
avoided, and the power of Congress to forbid slavery in 
Territories south of 36° 80' was renounced in favor of 
the South. The supposed gain — that slavery should not 
exist north of 36° 30' — was (1) simply the expression 
of a right which had always been in the hands of Con- 
gress ; and (2) a breathing-spell gained by the slave-power 
within which to better prepare for a new struggle. Men 
who thought this " compromise " settled the status of 
slavery were never able to shake oft' the Missouri ques- 
tion. Timid men had yet to learn that " in a free coun- 
try nothing can be settled that is not right." 

21. The Admission of Texas, — Texas was colonized 
by the South, though there is no good reason to believe 
that at the outset annexation was thouoht of. But it 
soon became evident that more slave States must be cre- 
ated, or the balance of political power in the National 
Senate would be lost. Moreover, Mexico abolished slavery 
and this threatened to hem in the South with free labor — 
which would be disastrous in time. Then all the slave- 
power went at work to secure Texas. The attitude of 
our country towards Mexico — the rightful owner of 
Texas, the courses of action pursued, and the measures 
adopted, were disgraceful in the extreme. At the last 
moment of Tyler's Administration, in March, 18-15, by a 
measure which was entirely unconstitutional, Texas was 
annexed ; becoming a State in the following December. 

From the outset, annexation was opposed by all anti- 
slavery men ; and the final success of the South hastened 
the com in o- strife. 

o 

22, The Wilmot Proviso, — In 18-16, David Wilmot, 
of Pennsylvania, oft'ered a bill in Congress to exclude 
slavery from any newly -acquired territory. This re- 



12 A History of Kansas. 

ferred to the territory which the United States then 
hoped to purchase from Mexico, thus closing the Mexican 
War. The measure became historical as the Wilmot 
Proviso. The South plainly said that if the proviso 
should pass, the time had come to have recourse to the 
sword. Slavery recognized that as the world advanced 
its own position became more and more untenable — 
except by force. 

23, The Compromise of 1850. — Early in Taylor's 
Administration the Missouri State Legislature declared 
that the Missouri Compromise had ceased to have any bind- 
ing force. Other slave States repeated the cry. California 
adopted a Free-state Constitution and asked for admission, 
Feb. 13, 1850. Previous to this, Henry Clay, in the 
United States Senate, offered a compromise of all diffi- 
culties, consisting of eight points : the most important 
being, the admission of California, at its own request; 
the organization of territories acquired from Mexico with- 
out the Wilmot Proviso ; the retention of slavery, but 
the abolition of the slave-trade in the District of Colum- 
bia ; a more stringent fugitive-slave law. The debates 
over these points, at first united in what was called ''the 
Omnibus bill," was marked by great bitterness ; and the 
word " disunion " was frequently heard. In August 
and September, however, all were passed. Clay himself 
said that the chief merit of his measure was that it ig- 
nored the admitted opposition of principles. In this 
feeble way was it sought to stay the irrepressible conflict 
between freedom and slavery. 

The anti-slavery party was stirred to renewed energy 
by this compromise, and the over-zealous enforcement 
of the new fugitive- slave law was like oil to flames. 

24. Early Occupation of Kansas. — In 1834 Congress 
declared that all the country west of the Mississippi Eiver, 



The Rise of the Slave- Poioer. 13 

and not in Louisiana, Arkansas, or Missouri, should be 
called the Indian country. A large part of this, including 
what is now Kansas, was placed under the jurisdiction 
of Missouri. Part of it, on the east bank of the Missouri 
Kiver, from the mouth of the Kaw to the north line of 
the State, was a portion of the State of Missouri, in de- 
liance of the terms of the Missouri Compromise. In 
1827 a military post was established at what is now Fort 
Leavenworth. Somewhat later, Eev. Joseph Meeker es- 
tablished near the present site of Ottawa a Baptist Mis- 
sion to the Indians, and in 1834 brought the first printing- 
press into the Territory. In 1835 Col. Henry Dodge, 
while on a return trip from the Eocky Mountains, estab- 
lished Fort Dodge on the Arkansas River, near the present 
site of Dodge City. In 1812 a military post was estab- 
lished at Fort Scott, Five years later the Catholics 
founded the Osage Mission, in what is now Neosho County. 
In 1819 the great rush to California, on the discovery of 
gold, carried thousands across the State; and the "Great 
American desert " was discovered to be a veritable land 
of promise. 

25, The Crisis. — It soon became evident that the 
South intended to secure this territory, if possible. The 
Free-state men were determined to avert this. Neither 
party wished to strike the first blow. But in 1852 Wil- 
lard Hall, a Congressman from Missouri, offered a bill to 
organize the Territory of the Platte, including Kansas 
and Nebraska. It was laid on the table ; and, before its 
consideration was readied, Solomon A. Richardson, of 
Illinois, in February, 1853, offered a bill to organize the 
same territory as the Territory of Nebraska. Neither 
of these specifically proposed a slave State. The latter 
passed the House. Stephen A. Douglas, Senator from 
Illinois, reported it in the Senate without amendment. 



14 A History of Kansas. 

It was laid on the table. In December of tlie same year, 
Augustus C. Dodge, of Iowa, offered a bill in the Senate 
to organize the Territory of Nebraska ; which Douglas 
amended, in Januai'j. Before it could be considered, 
Douglas reported a bill of his own as a substitute. This 
provided for two Territories, Kansas and Nebraska; and 
expressly provided that as to Kansas the Missouri Com- 
promise was suspended, and declared null and void. After 
a long and bitter discussion the bill passed, in March, 
185-i. The struggle had begun. 



THE TERRITORY. 
Events of 1854. 

26, Squatter Sovereignty, — The Douglas bill had pro- 
claimed what was known as "Squatter Sovereignty;" 
that is, the people of the Territory were to decide by 
their votes whether or not slavery should exist within its 
limits. The act under which the Territory was created 
contained the same provision. The question then became, 
of course, which class of people should constitute the 
majority in Kansas — the Free-state men or the Pro-slavery 
party. Therefore both parties put forth most strenuous 
efforts to secure emicrration to this new domain. 

o 

27, ropulatiou. — The Territory was occupied, when 
organized, by about fourteen hundred whites. Of these 
some seven hundred were soldiers and those attached to 
the army in various capacities ; and the remainder were 
scattered here and there at the Missions and Trading 
Posts. Of the latter the most important were those at 
Elm Grove, at Council Grove, and at Delaware Post- 
Office — about ten miles from the mouth of the Kaw. 
The Mission Posts were quite numerous ; the most well- 



The Territory. 15 



known being Shawnee, some three miles from Westport, 
Mo.; St. Mary's, in Mission Township; and Osage. 

2S, rro-Slavenj rreparations, — There is abundant 
evidence that for some time previous to the introduction 
of tlie Doughas bill, the Pro-slavery party was making 
pre[)arations to occupy Kansas. Slaves had been carried 
into the country by some of the missionaries, and were 
even given as presents to a lew Indian chiefs. I^ was hoped 
in this way to make slavery an accomplished fact from 
the very outset. Secret treaties had been made with 
some Indian tribes, that there might be no hindrance to 
immediate occupation and pre-emption. In all this, Mis- 
souri was peculiarly interested. Slave property would 
become insecure should Kansas be made a free State. It 
would not do to have only an imaginary line between 
two such opposite civilizations. Clubs were formed 
all along the border for the purpose of securing the 
Territory and keeping out the " Abolitionists." In June, 
Missourians formed, near Fort Leavenworth, the Squat- 
ters' Claim Association. This passed many resolutions, 
the most noticeable beinsf that " we recoo;nize the institu- 
tion of slavery as already existing in this Territory, and 
advise slaveholders to introduce their property as early 
as possible ; " and " we will afford no protection to an 
Abolitionist as a settler." Throughout the South large 
meetings were held, and men and means were pushed on 
as rapidly as i)ossible. 

29, Free-State Pveparationfi, — The open violation of 
the Missouri Compromise sent men over to the ranks of 
the Abolitionists bv thousands. Massachusetts chartered 
an Emigrant Aid Society, the most prominent members 
of which were Eli Thayer, Henry Wilson, and Anson 
Burlingaine. The object was to assist emigration, hy 
giving correct information; by securing guides and 



16 A History of Kansas. 

special rates by certain routes of travel ; and by estab- 
lishing stores, hotels, saw-mills, and other necessary ad- 
juncts of civilization. County branch leagues were 
created by which to call attention to this movement. 
This New England Society was sometimes called " a plan 
for freedom." Somewhat later, under a new charter, 
Amos A. Lawrence and Edward Everett Hale came into 
the company. A Union Emigrant Aid Company was 
also formed at Washington ; and Kansas Leagues were 
established at Cincinnati and in other Western towns. 
The purposes of these companies seem to have been 
legitimate, and fairly carried out. 

30, Town Companies, — These organizations became 
well known and popular in the new Territory. Sites 
thought to be desirable were pre-empted or purchased, 
and then laid out into towns. Ownership of these was 
indicated by shares, which were paid in town lots, de- 
termined by a "drawing." The first was the Leaven- 
worth Town Company, and was organized at Weston, 
Mo., in June. 

31, First Free.State Emigrants. — The first Free-state 
party, thirty in number, left Boston on the seventeenth 
of July, under the leadership of Charles H. Branscombe. 
They reached what is now Lawrence about the first of 
August, and put up their tents on the side of Mount 
Oread ; so named from Mount Oread School, Worcester, 
Mass. Two weeks later the second party arrived ; hav- 
ing with them Dr. Charles Robinson, afterwards Governor, 
and Samuel C. Pomeroy, afterwards United States Senator. 
In October came a third party under Branscombe; and 
the collection of tents and of log and board huts, hitherto 
called Wakarusa (though some dated their letters from 
"New Boston," while the Pro-slavery men spoke con- 
temptuously of "Yankee settlement"), was given the 



Events of 1854. 17 



name of Lawrence, in honor of Amos A. Lawrence, of 
the Aid CompauN^ 

32. The First Church, — The first denominational 
organization in the Territory, outside the Missions, was 
the Congregational Church at Lawrence, under the care 
of Rev. S. Y. Lum ; dating from October Idth, with only 
seven names attached to the original articles. 

33. The First J^Teivspnjters. — The first newspaper 
issued in the Territorj^ was the Leavenworth Herald^ 
printed under an elm tree, on the site of the present city, 
and sent out to represent the Pro-slavery cause. This 
Avas on September loth. One month Liter came the first 
number of the Kansas Tribune^ of Lawrence, pubUshed 
by John Speer ; and of the Herald of Freedom^ published 
at the same pLace, by George W. Brown. The first issues 
of both papers were outside of Kansas ; the Trilnme be- 
ing printed in Ohio, and the Herald of Freedom in Penn- 
sylvania. Both were staunch Free-state papers. In No- 
vember the Kansas Pioneer made its appearance. It was 
printed at Kickapoo, of which place there was almost 
nothing but the name. These four papers relied for their 
circulation and support on the interest felt in other com- 
munities, their subscribers being largely in Eastern and 
Southern States, 

34. The First Election, — The first election held in 
the Territory was in November, for delegate to Congress. 
J. W. Whitfield was the candidate for the Pro-slavery 
party; J. A. AVakefield and R. P. Flenniken represented 
the Free-state men. Men rode over the Missouri border 
by hundreds, voted for Whitfield, and rode home. There 
were many threats, but no actual violence occurred. The 
Free-state men were outnumbered more than four to one. 
The Pro-slavery candidate was declared elected, and took 
his seat in Cona'ress. 



18 A History of Kansas. 

35. Tojyeka Founded. — In December, sorae twenty- 
five people, Free-state men, selected the site of Topeka 
and founded the town ; the most well-known names in 
this connection being those of C. K. Holliday and F. W. 
Giles. Early in the next spring it received large additional 
numbers, and from the outset asserted its claims to be 
chosen as the capital. 

86. Work of the Year* — The year closed showing 
Lawrence and Leavenworth as villages of some four 
liundred people each; Topeka just organized; and 
Kickapoo little more than a paper town. Of actual, 
legal settlers, the Free-state party had the greater num- 
ber. The towns on the Missouri River refused to })a- 
tronize steamers that carried Free-state men or supplies 
for them. It was hoped in this way to check emigration, 
and to starve out those who had ventured within the 
Territory. 



Events of 1855. 



37. Prelude. — The first three months of this year gave 
little promise of the exciting scenes which followed. 
Everybody knew that neither party would relinquish con- 
trol of the Territory without further struggle. Just what 
course the conflict would take could not be clearl}^ foreseen, 
and it was left to shape itself The Pro-slavery men were 
united in their purpose to use all means, good or bad, to 
devote the Territory (and the future State) to slavery. 
The Free-state men were divided into three quite distinct 
parties: those who determined to act on the defensive 
only ; those who still looked to the general government 
for protection in a full and fair expression of opinion at 
the ]iolls ; and those who wished to strike a blow, and 
the sooner the better. The first two were about equally 



Events of 1855. 19 



divided as to numbers ; the conservatives regaixling Dr. 
Kobinson as their leader, the administration men looking 
to James S. Emery. The radicals were decidedly in the 
minority. 

The first post-office in the Territory was established at 
Lawrence, in February. In this month, also, was taken 
the first census — showing a population of 8,500, with 
some 2,900 qualified voters. 

38, The March Election, — The election for the Terri- 
torial Legislature was held on March 30th. The Gov- 
ernor's proclamation called for thirteen members of the 
Council, and twenty-six members of the House. For 
some time previous, the Missourians, under the leader- 
ship of David R. Atchison, who had been for twelve 
years a United States Senator, had been planning to con- 
trol the law-making. On the day before the election, 
about a thousand men marched across the line to Frank- 
lin, three miles from Lawrence, and went into camp. 
They came in wagons and on horseback and on foot ; 
were armed with rifles, muskets, shot-guns, revolvers, 
and bowie-knives ; and carried with them a small cannon, 
and a large amount of whiskey. Their coming had been 
anticipated, and supplies had been secretly stored for them 
at the house where the voting was to take place. 

On election day they entered Lawrence, made the morn- 
ing hideous with their drunken brawling, captured the 
polls, cast more than eight hundred illegal votes, and 
then separated into small bands, which were marched off 
to secure other doubtful districts. The Free-state men 
were entirely overpowered, no resistance was offered, and 
so there was no real violence — though, of course, there 
Avere many threats and some collisions. 

Similar scenes were enacted at all the river towns ; the 
Missourians crossing the line, voting, and returning home 



20 A History of Kansas. 

the .same niglit. The election returns showed more than 
twice as many votes cast as the census — completed but 
a month earlier — had shown voters. 

39. The Result. — The Pro-slavery newspapers were 
loud in their expressions of triumph, and called on the 
South to fill up the Territory with slaves at once. A 
Vigilance Committee was formed at Leavenworth, with 
the avowed purpose of driving out of the Territory all 
who, " by the expression of abolition sentiments, produce 
disturbance to the quiet of citizens, or danger to their 
domestic institutions." 

The Free-state men were driven into closer union. 
Formal protests were filed against tlie returns from several 
districts, and in six of these Gov. Reeder called a new 
election. No Missourians being present, in one only 
(Leavenworth) was a Pro-slavery man chosen. 

40. The LyncMnff of Phillips. — AVilliam Phillips, a 
lawyer of Leavenworth, had protested against the fraud- 
ulent election in his district, and was one of those who 
filed with the Governor a formal affidavit in this matter. 
The Vigilance Committee notified him to leave the Terri- 
tory, which he refused to do. In ^lay, a party of Mis- 
sourians seized him, carried him across the river to Wes- 
ton, shaved his head, stripped him, tarred and feathered 
him, rode him on a rail for more than a mile, and then 
compelled a negro to sell him at auction — the price bid 
being one dollar. 

At a public meeting held afterwards in Leavenworth, 
all this was deliberately and warmly endorsed by a num- 
ber of prominent citizens, and by members of the Legis- 
lature; and was thus lifted above the hasty act of a few 
irresponsible border ruffians. This is considered the first 
personal outrage dictated by political motives only. 



Events of 1855. 21 



4:1. Meetinffofthe Leoislature. — The Territorial Legis- 
lature met at Pawnee, Jnly 2d. The Free-state men who 
were returned from the districts in which new elections 
were ordered, were deprived of their seats. The Legis- 
lature at once determined to transfer the seat of govern- 
ment to Shawnee Mission, about three miles from West- 
port, Mo. The V carried this proposal over the Governor's 
veto. Because of this, Eeeder refused to lonsfer recoo-- 
nize the Legislature or its acts. On the 16th, the mem- 
bers reassembled at Shawnee, many of them spending 
each night on the Missouri side of the line. The two 
remaining Free-state members resigned, on the ground 
that the Legislature was an illegal body, because of the 
fraud and violence of the election. This left law-making 
entirely in the hands of the Pro-slavery men. Most of 
these were residents of Missouri while legislating for the 
new Territor3^ 

42. The Bogus Laws. — The laws passed at this session 
are known as the "Bogus Laws," from the general char- 
acter of the Legislature. They were little more than a 
transfer of the statutes of Missouri, with a few necessarv 
changes in names. But the laws in favor of slavery were 
intensified, and have been very properly designated " a 
code of horrors." Given the power to enforce tliem, the 
Legislature could have soon made everj^ Free-state man a 
convict in chains, working side by side with the slaves 
of the pro-slaverj^ citizens. Of course, this overshot 
the mark, and made the code a dead letter from the dav 
of its enactment. But nothing could better exemplify 
the character and temper of the men who had set their 
hearts on the conquest of Kansas. 

43, L,ecompfon. — Early in August the caj^ital was 
transferred to Lecompton, then as now a small village 



22 A History of Kansas. 

between Topeka and Lawrence, but which was for the 
next Jour years the center of a great struggle. It is said 
that the name of no city in tlie world was ever such a 
party cry ; and that from 1855 to 1859 " Lecompton " 
was spoken in as many languages as the name of London, 
Paris, or Berlin. 

44. Pardee Butler, — -A few days before the removal, 
Rev. Pardee Butler, who had acted as agent for the Emi- 
grant Aid Society, was detained over night in Atchison, 
while on his way East for more settlers. He frankly stated 
his mission, and his opinion of the general condition of 
affairs in the Territorv. The next morning he was re- 
quested to sign some pro-slavery resolutions recently 
passed in Atchison. Eefusing, the letter R (" Rene- 
gade") was painted in black on his forehead; he was 
placed on a raft made of two logs lashed together ; a flag 
covered with sentences threatening simihTr fate to all 
Abolitionists, was fastened to the craft ; his bao-o-as^e and 
a loaf of bread were given him ; and he was set adrift 
on the Missouri River. He managed to get safely on 
shore about six miles below the city. 

45. Jiif/ Sprinf/s Conveiifioit. — The events of the year 
thus far showed the necessity of united action on the 
part of the Free-state men. ''J'hough the distinctions 
already mentioned never entirely disappeared, the fac- 
tions drew nearer together, and virtually united in the 
Big SjuMngs Convention, on September 5th ; wdien the 
Eree-state party was formally organized. The ])latform 
resented all interference of non-residents at the polls or 
elsewhere ; declared against slavery, but deprecated 
abolitionism ; thought all negroes should be kept out of 
the Territorv; denounced the boi^us Legislature and its 
laws as " an infamous despotism ;" and called on the peo- 
ple of the Territory to organize and discipline volunteer 



Events of 1855. 23 



companies, and to be prepared to resist " to a bloody 
issue " if peaceable means of redress failed. While the 
general temper of the convention was conservative, the 
radicals evidently held the pen. 

46, Be-electlon of WhiffiehL — The second election 
for delegate to Congress occurred on October 2d. By 
common consent the Free-state men avoided the polls ; 
knowing that their presence there would be the signal 
for another invasion, and that in any event their candi- 
date would not receive his seat. J. W. Whitfield was 
therefore returned to Congress. 

On the ninth of October, by resolution of the Big 
Springs Convention, an election was held in which only 
the Free-state men participated ; resulting in the choice 
of Eeeder as Territorial delegate. He had previously 
been removed from the office of Governor — without 
doubt because he favored the Free-state cause ; and 
Wilson Shannon had been appointed in his stead. 

47 » Topeka Constltiitioual Convention. — On the or- 
ganization of the Free-state party it Avas determined to call 
a convention, secure the adoption of a Constitution, and 
apply to Congress for admission as a State. Accordingly, 
duly elected delegates met at Topeka, October 23d. 
The most well-known names connected with this move- 
ment are : Charles Robinson, James S. Emery, James H. 
Lane, Mark Delahay, J. K. Goodin, C. K. Holliday, M. J. 
Parrott, W. Y. Roberts and J. A. Wakefield. Lane was 
made President of the Convention, and a Constitution 
was adopted which for three years was the rallying-point 
of nearly all the more intelligent Free-state men. It de- 
clared against slavery, but limited the elective franchise 
to white male citizens, and to civilized male Indians who 
had adopted the habits of the white man — a rather pecu- 
liar and doubtful clause. 



24 A History of Kansas. 



48. The W<ikarnsa War. — Towards the last of Novem- 
ber, Charles \)ow^ a young Free-state settler, was shot and 
killed by one Coleman, a Pro-slavery man. The murder 
was committed near Plickory Point, about nine miles 
from Lawrence. A land claim had given rise to a dis- 
pute, wdiich was undoubtedly intensified by political feel- 
ing. The dead body was left in the road from noon till 
sundoAvn. Coleman fled to Missouri. 

In the evening a meeting was held by the Free-state 
men of that vicinit}^, and resolutions were passed de- 
nouncing the murder. TJiat night the empty cabins on 
three Pro-slavery claims were burned. On the next day 
a warrant was issued for the arrest of one Branson, a 
leader in the meeting. Samuel J. Jones, sheriff of Doug- 
las County, though then the postmaster of Westport 
(Missouri), and residing in that village, with a posse of 
fourteen mounted men, took Branson out of bed that 
night and started for Missouri with him. They were 
met by some fifteen Free-state men under the lead of J. 
B. Abbott and Samuel N. Wood, and Branson was res- 
cued — though without actual force being used. The 
rescuing party marched to Lawrence, and Jones rode to 
Franklin, whence he sent a message to the Missourians 
to "come on." 

Lawrence had been freq^'^^^^^J threatened with exter- 
mination, and the Missourians asserted that they now 
had reason to make their threats good. The feehng in 
the toAvn was that the hour for deadly conflict had come. 
The citizens were at once put under arms. Dr. Eobinson 
was made General, Lane was appointed second in com- 
mand, earthworks were thrown up, volunteers were called 
in from the surrounding country, and many outlying 
claims Avere deserted as dangerous, because in tlie path 
of the enemy — the owners flocking to the village. 



Events of 1855. 25 



Armed companies came in from Topeka, Bloomington, 
Wakarusa, and Palmyra. While the people resented the 
charge made to and by the Governor, that they were a 
" combination of lawless men," they did not hesitate to 
assert that they would defend themselves to the last man. 
About fifteen hundred Missourians assembled at Frank- 
lin. They terrorized the neighborhood, robbing men 
and wagons going to Lawrence, and even plundering the 
United States mail. For more than a week^ Lawrence 
was virtually in a state of siege, constantly expecting a 
collision between the forces. Gov. Shannon appears to 
have been at least irresokite — some thought him favora- 
ble to the Missourians. Finally a settlement, sometimes 
known as the Treaty of Lawrence, was eiiected. The 
Governor claimed to have misunderstood the nature of 
the trouble, the citizen-volunteers were dispersed, and the 
Missourians plundered their way home again — defeated 
but not discouraged. 

49, Death of Barber. — During the siege many out- 
rages were committed in the surrounding countrj^ by 
stragglers from the invaders' camp. Houses were robbed, 
stock was driven oft*, stacks of grain and hay were fired, 
and heavy losses inflicted on the entire community. The 
only death recorded was that of Thomas Barber. He 
was riding out of town, in company with a brother and 
two friends, when a party of Pro-slavery men met them. 
There was a halt, some words passed between the two 
parties, the Barbers spurred on, when shots were fired, 
killing Thomas almost instantly. He was the first 
martyr in the good cause, the murder being the first 
resulting from purely political strife. 

50, John Brown, — During the siege a strange party 
of rescuers came in from the South. It consisted of an 
elderly man and his four sons, armed with cutlasses. 



26 A History of Kaiisas. 

revolvers, carbines, and pikes made of bayonets rudely 
fastened to stout poles. The leader was John Brown, 
afterwards made flimous by his invasion of Virginia and 
the seizure of Harper's Ferry. His sons had come into 
the State early in the year, and had taken up claims and 
begun their home-building some eight miles from 
Osawatomie. Insulted and threatened by their Pro- 
slavery neighbors, they finally wrote to their father for 
the help of his presence. For years his thoughts had 
dwelt with intensest feeling on the probable struggle, 
which he now felt had come, between the principle of 
freedom and the fact of slaverj^ He went to his sons at 
once, and for three years played a conspicuous part in the 
history of the Territory. He had not a constructive 
mind — he was not a State-builder. Nor was he, in any 
true sense of the word, a leader. But his integrity of pur- 
pose, his forgetfulness of self, his earnestness, his stern 
determination, and his undaunted courage made him a 
marked character — one of the last to be forgotten. 

31, Adoption of the TojH'ha Constitution, — On De- 
cember 15th, just after the Missouri aus had withdrawn, 
the Topeka Constitution was adopted, about seventeen 
hundred votes being polled. As showing the thought 
then prevalent, it should be stated that nearly thirteen 
hundred votes were cast in favor of excluding from the 
Territory all negroes and mulattoes. 

,^2, Conclusion. — The year had been one of great 
anxiety and suffering on the part of the Free-state men. 
By force and fraud their opponents seemed to be gaining 
the upper hand. The more important events just nar- 
rated were by no means all that had marked the last 
twelve months as a period of distress. Want sat at 
many a fireside, danger lurked in every thicket, the air 



Events of 1856. 27 



was filled with vague forebodings. Some lost heart, and 
sought their Eastern homes. But their places were more 
than filled by those who came determined to fight it out 
to the bitter end. 



Events of 1856. 

53, Prelude. — The shadows of this eventful period 
darkened as the winter liastened by. Armed men froui 
the South flocked into the Territory, and before spring 
had fairly opened, companies of " settlers — equipped and 
provisioned for one year," from Georgia, Alabama, and 
South Carolina, showed that the Pro-slavery men were 
in deadly earnest. The pretext of " settlers " might just 
as well have been thrown aside. Such men as Major 
Buford and his followers were bent on conquest only. 

The Free-state men sent messengers through the North 
to rouse to action those who sympathized with them. 
To check the new tide of immigration that resulted, the 
steamers on the Missouri were stopped and plundered of 
all goods destined for Free state men and of the baggage 
of incoming settlers, many of whom were so alarmed 
that they turned homeward. Finally, all travel by river 
was virtually at an end ; the more determined coming 
by what was known as the Iowa route. 

54, 3Iurder of B. P, Brown, — The election under 
the Topeka Constitution occurred on January 15th. The 
severe weather prevented another invasion of the polls ; 
the Pro-slavery men very generally refused to vote ; and 
the Free-state men had things their own way. Dr. Rob- 
inson was elected Governor. 

But the election was not without its tragedy. The 
Mayor of Leavenworth forbade opening the polls, and 
the vote was taken secretly at a private house in Easton. 



28 A History of Kansas. 

The Free-state men were attacked several times during 
the day ; and finally, in quite a sharp conflict, a Pro-, 
slavery man was mortally wounded. The Kickapoo 
Rangers were at once called out, and on the following- 
morning seized Capt. R. P. Brown and several other Free- 
state men who had taken part in the affray. These were 
confined in a store at Easton during the day, while 
efforts were made to organize a "Court" to try them. 
As the crowd became more and more intoxicated and 
uncontrollable, and bloodshed seemed imminent, the Cap- 
tain of the Rangers alloAved all but Brown to escape. The 
latter was then attacked by the mob, and hacked and 
stabbed till at the point of death. He was then thrown 
into a lumber wagon and driven ten miles over the frozen 
ground, suffering the most cruel indignities during the 
entire ride. Reaching home, he was thrown roughly 
from the wagon, was dragged into the house by his wife 
and some neighbors, and died in about three hours. No 
efforts were ever made by the Administration to bring 
the murderers to justice. 

55, The Free-State Legislnture met at Topeka on 
the 4th of March. The Governor's Message was a 
clear and able history of the Free-state movement, and 
was circulated through the North with good effect. Lane 
and ex-Governor Reeder were elected to the United 
States Senate ; and a memorial was prepared, asking ad- 
mission to the Union. The session lasted but four days. 

50, Jncreasiiif/ Laivlessiiess, — Sheriff Jones still held 
the writs issued in the Branson case, and was determined 
to use them, though checked by the treaty of Lawrence. 
It was well known that another attack would be made on 
the town as soon as the weather made camping out com- 
fortable. Meanwhile lawlessness increased everywhere. 
In many counties Pro-slavery juries indicted the men 



Events of 1856. 29 



who took part in the Free-state election. Pardee Butler, 
returning to Atchison, was stripped to the waist and 
tarred and covered with cotton. The Free-state Hotel 
and the Free-state newspapers at Lawrence were declared 
nuisances, and orders were issued to abate (destroy) them. 
Gov. Eobinson, Reeder, and others were indicted for high 
treason. An attempt was made to arrest Reeder, but he 
fled from the Territory in disguise. Gov. Robinson 
started East, with his wife, but was arrested at Lexington, 
Mo., without a shadow of legal authority, and was taken 
back to the Territory a prisoner. Sheriff* Jones finally 
entered Lawrence, attempted to arrest S. N. Wood, but 
failed. He called on the citizens to aid him, and they 
refused to obey. That was enough. 

57. The Sackinf/ of Lawrence. — As rapidly as pos- 
sible the Administration forces were brought together. 
They consisted of companies of Pro-slavery men organ- 
ized in the Territory and called the " Territorial Militia," 
their officers being commissioned by the Governor ; com- 
panies from the Southern States; and the usual mob of 
Missourians. Before the middle of May they were again 
gathering around Lawrence. The old earthworks had 
been strengthened, and the obnoxious hotel, a substan- 
tial stone building just completed, was a very respecta- 
ble fortification. But Lane was in the States, soliciting 
aid ; Robinson and many others were in prison ; and 
scores of others were in hiding, as the Pro-slavery offi- 
cials vvere scouring the country and making wholesale 
arrests. The new Committee of Safety did all it could 
for the town, but felt powerless to resist the entire weight 
of the Administration, backed by the forms of law. 

On May 21st, cannon were planted on Mount Oread, 
the armed forces of the invaders were drawn up, and 
Sheriff" Jones, with Atchison at the head of the posse, 



30 A History of Kmisas. 

entered the town. No resistance was oftered. Some 
arrests were made, and the work of destruction began. 
The hotel, over which had been raised the flag; of South 
Carolina, was battered down and burned ; the printing- 
offices were gutted, the presses broken, and the type 
thrown into the river; and then the mob were turned 
loose, as the legal work was done. Pillage was the 
order of the day ; Governor Robinson's house was 
burned, citizens were insulted and assaulted, and finally 
the plundering band dispersed. The total loss to Free- 
state men was not less than $200,000. 

58, JRetaliation, — At last it seemed that patience had 
ceased to be a virtue. Within forty-eight hours it was 
evident that a regular guerilla war had begun. Free- 
state men took to the road, assertino- that their time had 
come, and that it should no longer be a one-sided con- 
flict. Straoo-lincr bands from the retreatinoj force were 
attacked and robbed of their plunder. Depredations 
were committed on the houses and property of noted 
Pro-slavery men. Almost instantly the Territory was in 
a state of anarchy. 

r>i>. The roftaivatomie Massacre, — John Brown had 
opposed the treaty of Lawrence. From the first lie 
asserted that war must come, and the sooner the better. 
When it was known that Lawrence was again besieged, 
with six sons and a son-in-law he started for the town. 
On the way he was met by a messenger, telling the story 
of the outrage already committed. While doubtful as 
to the next step, hot with indignation and anger, he 
heard that five violent Pro-slavery men, living near what 
was known as Dutch Henry's Crossing, on the Pottawat- 
omie, had threatened their Free-state neighbors, and 
it was rumored were about to strike a blow. On the 
morning of the 25th the three Doyles, Sherman, and 



Events of 1S5G. 31 



Wilkinson, the men referred to, were found on the 
prairie, not far from their homes, eovered with frightful 
wounds — dead. They had oeen called out late at night 
by a small band of men and murdered. There is no 
doubt now that the men who did the deed were John 
Brown and his followers. 

60, Battle of Blade Jacl, — Capt. Pate, at the head 
of some Missonrians, immediately marched over to Osa- 
watomie to arrest the Browns, who were suspected; and 
failing to find the father, captured two sons, turning 
them over to the custody of the United States troops. 
From his camp, Pate then raided Palmyra and Prairie 
City, when John Brown and Capt. Shore, with a united 
force of about thirty men, drove him to cover, and on 
the 2d of June fought the battle of Black Jack — the first 
pitched battle on Kansas soil. After a conflict of three 
hours, Pate surrendered. 

01, Bark Bays, — Brown encamped near Prairie City ; 
but his forces were dispersed by Col. Sumner, of the 
United States army, who had been ordered to disband 
all armed bodies on either side. Contrary to the pledges 
made to him, however, the Missonrians neither left the 
Territory nor disbanded. On the 6th of June, the regu- 
lars having withdrawn, they sacked Osawatomie. Can- 
trel, a Missourian but a Free-state man, was tried for 
"treason to Missouri," and, with four others, shot down 
by the roadside. Bands of marauders, recruited from 
either party, filled the highways and plundered without 
restraint. In all the river towns the anti-Missouri men 
were terrorized and frequently driven from their homes. 
Free-state men on the river steamers were robbed and 
threatened with death if they dared complete their 
journey. 



32 A History of Kansas. 

As the Free-state men were deprived of nearly every 
opportunity for self-support, and were incurring heavy 
losses, their sympathizers began sending relief. Not 
less than $250,000 was put under way for the Territory 
during the summer and fall. At least half of this fell 
into the hands of the enemy while in transit. 

(i2. Dispersion of the Legislature, — The Topeka 
Legislature had adjouroed to July -ith. Secretary 
Woodson, who was acting as Governor, Shannon being 
absent, issued a proclamation forbidding them to re- 
assemble. Just at the hour of their meeting. Col. Sum- 
ner rode into Topeka, and, with the regulars drawn up 
in front of the building and cannon in place, entered 
first the House and then the Senate, ordering each to 
disperse. He performed the unpleasant duty cour- 
teously, and with many expressions of regret, wdiich 
added much to the respect he had won from the Free- 
state party. In all this strife, as far as a soldier under 
orders could express himself in word or deed, he was 
their friend. 

OS, Battle of FranJdhi, — Soon after the battle of 
Black Jack, a party of young men from Lawrence made 
a night attack on Franklin — alwaj^s head-quarters for the 
Missouriaus — but with small results. On August 11th, 
Major Hoyt, under a flag of truce, Avent to the border- 
ruffian camp on Washington Creek, to secure, if possible, 
a mutual agreement to disband, but was waylaid and 
murdered. It was at once determined to " break up the 
Pro-slavery nests." In the attack on Franklin which 
followed, the villagers occupied a block-house, and 
defended it vigorously. After sharp firing for three 
hours, a wagon load of burning hay was backed against 
the building, when the enemy fled, losing all their arms 
and ammunition. They escaped to the camp on the creek. 



Events of 1856. 33 



whence tlie united forces withdrew on the approach of 
Gen. Lane and Coh Grover. A hirge quantity of spoil 
previously taken from the Free-state men was found on 
the deserted ground and restored to the rightful owners. 

(>4:, nefeat of Col. Titus, — There was now but one 

Pro-slavery stronghold south of the Kansas River, and 
that was the fortified house of Col. Titus, near Lecompton. 
A few days after the battle of Franklin, Capt. Samuel 
Walker, a most daring and successful leader, attacked the 
place, and in half an hour compelled a surrender, secur- 
ing twenty prisoners, and burning the building. There 
were killed and wounded on both sides, but Titus plead 
for his life and was spared. 

65, Shannon Uemoved, — Right on the heels of the 
news from Lecompton, word came that Gov. Shannon 
had been removed. This placed Woodson again in the 
saddle. He at once issued a proclamation declaring the 
Territory in a state of insurrection, and called on the 
" militia " to rally. This meant, of course, that the Pro- 
slavery men were to have the full support of the Admin- 
istration; hope revived, and the guerilla bands were 
reorganized, reinforced, and marched at once towards 
Osawatomie. Hundreds of Free-state men believed their 
cause lost, and fled from the Territory. 

06, Destruction of Osaivutoniie, — The Pro-slavery 
force that had gathered were at once attacked and driven 
back. But three days later they returned, four hundred 
strong, well armed and with cannon. Two young men, 
one a son of John Brown, Avere shot in the fields, and 
the force swept on to the village. 

There were but forty men ready for its defense, com- 
manded by John Brown. After an obstinate fight they 
were obliged to abandon the village to the enemy, who 



84 A History of Kansas. 

plundered every building and then burned the town. 
Only four cottages remained. This was on the 29th of 
August. 

6*7. Murder of Phillips, — On September 1st, the city 
election of Leavenworth was held. The city liad now 
a population of some two thousand, many of whom 
were Free-state men. The " Eegulators," under Ca])t. 
Emory, a United States mail contractor, so terrorized 
the town that not a Free-state vote was cast. Under 
pretense of searching for arms, the band approached the 
house of Philhps, who had previously been tarred nnd 
feathered. He repelled his assailants, killing two of their 
number, and was riddled with balls, dying instantlj^. One 
hundred and fifty Free-state citizens were forced on board 
a river steamer, and driven from the town — with no 
provision for their journey eastward, and leaving their 
property and homes in the hands of the mob. 

68, Arrival of Gov, Geary, — The character and ex- 
perience of the third Governor of the Territory gave 
promise of better daj^s. He had been a soldier, and as a 
civilian had seen hard service in the days of the vigilance 
committees in California. He came to Kansas determined 
to secure fair play, and to hold the reins of goverrmient 
in his own hands. On his way he held an interview 
with the Governor of Missouri, which resulted in an 
immediate withdrawal of the pirates, and in opening the 
river for travel. His picture of the Territory on his 
arrival is worth repeating. " Roads filled with armed 
robbers, and murders for mere plunder of daily occurrence. 
Desolation and ruin on every hand ; homes and firesides 
deserted; the smoke of burning dwellings darkening the 
air; women and children, driven from their habitations, 
wandering over the })rairie and among the woodlands, or 
seeking refuge and protection even among the Indians." 



Events of 1S5G. 35 



69, Battle of Hickory Point. — The new Governor at 
once ordered the territorial " militia " to disarm and dis- 
band, and all armed Missourians to leave the Territory 
forthwith. This proclamation was practically unheeded. 
Two days after it was issued, Capt. Harvey, with a force 
from Lawrence, made an attack on the Pro-slavery men 
who liad been raiding the country around Hickory Point, 
about five miles east of Ozawkie, in Jeft'erson County. 
Although strongly fortified in three liouses, a battle of 
six hours com])elled surrender. Harvev's men were 
arrested and indicted for murder; but the few who had 
not " escaped " by spring, were pardoned by the Governor. 

70. Laivrence Threntencd. — The ruffians who had 
ralHed under Woodson's call were now in the ne^orh. 
borhood of Lawrence, more than two thousand strong, 
threatening to visit on the town the fate of Osawatomie. 
Within the fortifications were some four hundred men, 
well armed and under the command of John Brown — Lane 
having gone northward to aid and guide the emigrants 
coming in by the way of Iowa. Gov. Geary rode to Law- 
rence, learned the true state of affairs, commended their 
])luck and told them to stand to their arms, rode out to the 
Missouri camp, met the advance-guard already on the 
march, faced them about, and by the mere force and de- 
termination of his character broke up the entire force and 
saw them well on their homeward march. This was 
really the last invasion of the Territory in the North — 
though the conflict had by no means ceased. 

71» Conclnsion, — The year brought the Free-state 
cause to the lowest possible ebb ; but with the appoint- 
ment of Geary, the tide turned. The Free-state men 
were encouraged, and were disposed to place confidence 
in the new Territorial Administration — and therefore 



36 A History of Kansas. 

very general! Y ina(]e a desperate eftbrt to repair the loss- 
es of the year, ami to make ready for winter. The 
Missourians hesitated as to what was the best policy to 
pursue under all the circumstances. The Pro-slavery men 
who were actual settlers knew that unless aid came from 
without they were powerless. Three months of com- 
parative quiet was the result. 



The War in the South. 

72. Prelude, — Lawrence, as a Free-state town, sur- 
rounded by Pro-slavery neighborhoods and settlements, 
had, naturally, been the center of strife in the northern 
part of the Territory. Fort Scott, if not a Pro-slavery 
town, at least the point from which went out most of the 
opposition and irritation constantly experienced by the 
Free-state settlers in that portion of the Territory, 
became the center of the struggle in the south. 

In 1842, the site of the present city was occupied as a 
military post; and it was not till 1855 that the Gov- 
ernment withdrew its claim. A number of settlers 
were already on the public lands, but most of the adja- 
cent country was then in the hands of Indians, and the 
town company was unable to organize till June, 1857 ; 
though a large number of claims were taken subject to 
the removal of the tribes. Once fairl}^ under way, the 
town grew rapidly, and except during the Civil War has 
known almost unbroken prosperity. 

7'i* Cause of the Trouble. — In the spring of 1856 
a ])arty of South Carolinians entered the county. These 
mingled freely with the settlers, who stated without re- 
serve their political opinions, and gave much:needed in- 
formation as to their means of defence. In this way a 
list of Free-state men was prepared ; one by one they 



The W(ir in the South. 37 

were "arrested" and taken to Fort Scott, and by fraud 
or threatened violence were induced to leave the county. 
At the opening of winter the Pro- slavery men were 
occupying the deserted claims. 

74. The Return, — During the next 3^ear, after the 
Free-state men gained control of the Legislature, the 
original settlers began to return. Their numbers were 
largely increased by new-comers who wished to settle in 
that county, and by others who were anxious to assist in 
restoring those who had been driven out ; and thev 
thought they were able to maintain their rights. The 
Pro-slavery men were notified that they must abandon 
the claims ; and most of them acquiesced, believing resist- 
ance useless. Those who refused prepared to defend 
themselves ; and the efibrts of the returning settlers to 
dispossess them by force led to frequent collisions. 

75. The Squatters* Court. — The District Court was 
disposed to stand by the Pro-slavery men, and in many 
instances rightfully. But the disaflfoction of the opposi- 
tion was so great that they finally organized a Court of 
their own, known as the " Squatters' Court." Although 
without legal existence, its proceedings were marked by 
both dignity and justice. 

In December of 1857, the deputy marshal, with a 
posse of some fifty men, undertook to capture the Court, 
but was repulsed. On the following day he returned 
with about a hundred and fifty men; but the Court 
had adjourned. On the next Sunday, after a meeting on 
the old ground to celebrate their victor}^, the Court dis- 
banded. 

70. James Montffoineri/. — No name is more promi- 
nent in connection with these Southern troubles than 
that of James Montgomery. lie came into the Territory 
in 185-1, taking a claim near Mound City, in Linn County, 



38 A History of Kansas. 

wlicre he resided till his death, in 1871. He was both a 
teacher and preacher before his Kansas life began, and 
in the entire struggle was a recognized leader. He had 
a retentive memory, and was a pleasant speaker. He 
was prompt and decisive, cool and brave, a praying 
lighter, and therefore a dangerous enemy. 

77. Troubles in Linn Count tj, — During the years of 
the claim troubles just narrated, Linn County had expe- 
rienced similar disturbances. The first Missourian raid 
was made in the fall of 1856. The ruffians burned sev- 
eral houses near Sugar Mound, robbed others, and re- 
crossed the line with considerable plunder. Montgomery 
at once determined on reprisal. With but seven follow- 
ers he entered Missouri, destroyed the arms of twenty 
Pro-slavery men, who had been made prisoners, and re- 
turned with $250 in money and eleven good horses. The 
greater part of the Sugar Mound men were not prepared 
to sustain sucli vigorous action, and Montgomery became 
practically an outlaw, though the number who worked 
with him constantly increased. At this day it is difficult 
to determine whether his general course provoked or 
prevented attacks by the men of the border. 

7S, The Osaf/es. — Montgomery and bis followers soon 
came to be known as the " Osages," because of their 
operations along the line of the Little Osage Kiver ; and 
assuchwereaterror to all Pro-slavery men in both coun- 
ties. From time to time Free-state men who were involved 
in trouble asked their aid, and it was always granted. 
Finally, United States troops were quartered at Fort Scott 
to maintain the peace. Montgomery asserted that they 
were there to protect Pro-slavery men in their unlawful 
dei)redations, and the Osages began marauding expedi- 
tions. These resulted in breaking up some three hundred 



The War in the South. 39 

families, who fled to the town for safety — many of them 
leaving the county forever. 

In April of 1858, a company of United States cavalry 
attempted to capture Montgomery. For the first and 
only time in the history of the Territory, the National 
troops were resisted. One soldier and tlie Captain's 
horse were killed, and the Osages escaped, 

79, Marais des Ct/gues Massacre. — Among the raids 
and counter-raids of this year, that which resulted in the 
massacre of ^larais des Cygnes (Swans' Marsh) is the most 
noted. This occurred in May, and was under the leadership 
of Capt. Chas. A. Hamilton — one of a ftimily driven out 
of Fort Scott but a short time before. He had secured 
a list of some seventy Free-state men, who had been pro- 
scribed — that is, they were to be killed at sight. With, 
a force of some thirty men he unexpectedly crossed to 
Trading Post, in Linn County ; captured eleven men, then 
engaged in peaceful avocations ; drew them up in line, 
and shot them down without mercy or delay. Five men 
were killed outright; five were wounded, bat recovered; 
one was unharmed, and escaped by feigning death. 

Montgomery was at once informed of what had hap- 
pened, and soon after was famished a list of those who 
had been proscribed. The latter were guarded so care- 
fully, and Hamilton was watched so keenly — for the 
Osao-es were determined to kill him — that no further 

o 

outrages were possible. 

Five years afterwards, Griffith, one of Hamilton's men, 
was captured, tried, and convicted in the District Court 
of the new State, sentenced, and lianged. One of the 
wounded men was chosen as the executioner. This was the 
only one of those murderers who was brought to justice. 

80. The Last Border Feuds in the South, — The mas- 



40 A History of Kansas. 

sacre, and the subsequent action of Montgomery, created 
such excitement at Fort Scott and in tlie vicinity, that 
Sam. Walker, of Fort Titus fame, now deputy mar- 
shal, was sent to arrest the leader of the Osages. He 
accomplished this, and without force, though at great 
personal risk ; but released his prisoner on the follow- 
ing day, hearing tliat Pro-slavery disturbers, whom he 
had also arrested and turned over to the military author- 
ities, had been freed. This was the only time that 
Montgomery ever submitted to arrest. 

Within a week the Osages were again at Fort Scott, 
attempted to burn the Western Hotels — Pro-slavery 
head- quarters — and fired into the town from the south- 
west. Gov. Gear3^ like his predecessors, fearing assassin- 
ation by the Pro-slavery men, liad left the Territory and 
resigned ; and Gov. Walker had been removed, undoubt- 
edly, because of his fairness. On hearing of this dis- 
turbance, ex-Secretary Denver, now Governor, went to 
Fort Scott, and after a long conference concluded a 
truce between all parties. The terms included the dis- 
banding of all bodies of armed men, and the suspension 
of all old writs issued against members of either party. 
It was hoped that peace had come. 

It is difficult to say which party first broke the truce ; 
but in November Benjamin Rice was arrested for a 
"bygone" offence, and on the same day the Osages were 
at work. For a fortnight there was indiscriminate plun- 
dering and threats of personal violence. Another con- 
ference followed, but without results, Montgomery being- 
determined to release Rice. He according'ly attacked 
Fort Scott, captured the hotel in which Rice was con- 
fined, and set him free, and retreated in safety with 
property worth some §6000. One man, on the Pro- 
slavery side, was shot and killed. 



The War in the South. 41 



Under advice of tlie Governor, a company of militia 
was qnickly organized and duly eqnipped. In P'ebru- 
ary, 1859, this force began operations against the Osages, 
with some promise of success ; but the General Amnesty 
Act passed by the Territorial Legislature closed the strug- 
gle, and Montgomery's men and their deeds became 
things of the past. 

81. Conclusion. — In the last attack on Fort Scott 
John Brown took part, though he did not enter the 
town. After the Pottawatomie massacre and the events 
which immediately followed, he gave most of his time 
to raids into Missouri for the purpose of freeing slaves 
— in which he met with considerable success. These 
acts came to be regarded by even the Free-state men as 
simply tending to increase the border troubles, and 
finally a reward was offered for his capture. Few cared 
to undertake this task, however, and his Canadian 
colony of blacks grew steadily though slowly. Having 
left Montgomery, after the Fort Scott raid, he crossed 
the line, brought out fifteen slaves, and escaped with 
them by the Iowa route. It was the last time he saw 
the Territory. Within a year came the descent on 
Harper's Ferry, and his subsequent execution. In the 
following spring Montgomery and a few of his men 
undertook to rescue the rest of Brown's party — then in 
jail at Charlestown, Va. — but the deep snow prevented 
a successful effort. 



Constitution Making. 

82. Prelude. — Contrary to all expectations, the sharp 
conflicts of 1856 were the last serious disturbances 
known in the disputed ground around the Territorial 



42 A History of Kansas. 

capital, the Free-state town, and the villages of the 
North -eastern border. Though the fairness and firmness 
of Gov. Geary and of liis successor, Robt. J. AValker, 
ultimately drove them from their positions, they held 
cimtending parties in check long enough for all to begin 
to realize that moral forces were working out the salva- 
tion of tlie Territory more rapidly than could the sword. 

83. Changes. — In February, 1857, the House of Eepre- 
sentatives declared all Acts of the Territorial Legislature 
to be void, on the ground that tliey were cruel and oppres- 
sive, and that the Legislature was not elected by the 
legal voters of Kansas, but was forced on them by non- 
residents. In May occurred the trial of Gov. Robinson 
and other officers under the Topeka Constitution. At 
the close of the first week all the charges were with- 
drawn. About the last of June, the Free-state men 
carried the city election in Leavenworth. In July, Law- 
rence refused to recognize a charter issued by the 
Lecompton Legislature, and organized an independent 
government — and no invasion followed ! Evidentl}- the 
end was at hand. 

Under Gov. Walker's assurance that the October elec- 
tion should be fair and free, and in spite of the protest of 
the more radical leaders, enough Free-state ballots were 
cast for members of the Territorial Legislature to secure 
control of that body by nearly a two-thirds vote. The 
Pro-slavery men never came into power again. 

At the Legislative session in 1858, the most obnoxious 
of the bogus laws relating to slavery were repealed. At 
the next session, in 1859, an Act was passed granting gen- 
eral amnesty for all past political offences — which was so 
construed as to cover nearly all offences committed thus far 
in the Territory — and repealing the bogus laws. A bill 
abolishing and prohibiting slavery was not signed by the 



Constitution Mahing. 43 



Governor. Tlie session closed at midnight, a liuge bon- 
fire was built, and copies of the bogus laws were burned. 
Both these sessions were held in Lawrence, after adjourn- 
ing from Lecompton. 

84, The Constitutions, — Four Constitutions were cre- 
ated by the people before the Territory became a State. 
These are, in their order, that of Topeka, of Lecompton, 
of Leavenworth, and of Wyandotte ; under the last of 
which Kansas was admitted to the Union. 

85. Tlie Topeka Constitution was adopted in De- 
cember, 1855 ; and under it, in the following month, was 
completed the first State organization. As has been stated 
elsewhere, it prohibited slavery, but limited suffrage to 
white males and to civilized Indians who bad adopted the 
habits of the wdiite man. 

The radical Free-state men, under the lead of Gov. 
Eobinsou, clung to this organization. When it became 
evident, after the election of 1857, that their principles 
could be advocated with but little doubt of success 
through the Lecompton, or Administration, Legislature, 
and that this gave them a definite legal status, their ranks 
steadily grew weaker ; till in May, 1859, a second Big- 
Springs Convention showed conclusively that they had 
lost their hold on popular interest. The last meeting of 
the Legislature was in March, 1858. Not enough mem- 
bers were present to form a quorum. 

8G, The Leconvpton Constitution, — During the last 
session of the Territorial Legislature before the Free-state 
men came into power, steps were taken to secure, if possi- 
ble, the admission of the Territory under a Pro-slavery 
Constitution. The Convention met in September, 1857, 
and was composed entirely of Pro-slaver}^ men — tlieir 
opponents having refused to take any part. The Consti- 



44 A History of Kansas. 

tution asserted tliat " the right of property is before and 
higher than any Constitutional sanction," and " the right of 
the owner ... to a slave ... is the same and as inviola- 
ble as the right of the owner of any property whatever." 
SuftVage was extended to "every male citizen of the 
United States " — meaning to limit citizenship of the Union 
to whites. " Free negroes shall not be permitted to 
live in this State under any circumstances." The Legis- 
lature was to have no power to emancipate slaves with- 
out consent of the owners, and then only on full com- 
pensation. The word " freeman " was substituted for the 
word " person " in the usual Bill of Eights. No amend- 
ment to the Constitution adverse to slavery could be made. 

Before the day appointed for the election on this Con- 
stitution, it became evident that the Free-state men were in 
the majority in the Territory. They had already secured 
possession of the Territorial Legislature. But so deter- 
mined were they in their policy of refusing all recogni- 
tion of the bogus Legislature, and so much did they still 
fear invasion, that they veiy generally refrained from 
voting on this Constitution. Of course, the Pro-slavery 
men carried the day, and by a majority of 5500 votes. 
More than a third of the entire ballot was fraudulent. 

But the better class of Democrats now joined with the 
Free-state men in denouncing the Constitution ; and even 
the State officers elected under it signed a memorial to 
Congress asking it to refuse to admit the Territory under 
such an organization. In January, 1858, it was again 
submitted to the people, and buried under a majority of 
more than 10,000. 

The more radical Pro-slavery members of Congress 
insisted on offering it, and the result was a sharp conflict, 
ending with a compromise bill, offered by Wm. H. Eng- 
lish, of Indiana. This virtually sent the Constitution 



Constitution Mahing, 45 

back to the people once more, with the threat that if not 
adopted they must wait for 93,000 population before 
admission. This was known as the " English Swindle," 
or " Lecompton Junior." It was re-submitted in August, 
and in a general vote was buried under nearly 10,000 
majority, with no hope of a resurrection. This ended 
the struo-crle to make Kansas a slave State. 

87* The Leavenworth Constitution. — Before all this 
came about, however, the Free-state men were anxiously 
looking for something with which to supplant it. The 
Topeka Constitution was, for reasons already given, a 
poor weapon with which to go into the fight. They 
must have something by which to beat back all attempts 
to conquer the State under the Lecompton Act. If Con- 
gress betrayed them, then they would put an independent 
organization in force, and appeal to the people. With 
this thought in mind a Constitutional Convention was 
called by the Territorial Legislature — now in the hands 
of the Free-state men. 

It met at Minneola, in March, 1858. There was much 
ill-feeling about the location — said to have been chosen 
as the site of the Capitol through the influence of certain 
landowners and lot-bribes; and the Convention at once 
adjourned to the city from which it takes its name. The 
work was speedily accomphshed — the Assembly adopting 
the To})eka' Constitution witli a few changes, but these 
important. Opposed to the words and interpretation of 
" all freemen " in the Lecompton Constitution, stood the 
assertion "the right of all men to control their persons 
exists prior to law and is inalienable." Slavery was 
expressly prohibited. The franchise clause was identical 
with that of the Lecompton Constitution, but the mean- 
ing was far different — the thought being that every man 
born on our soil is an American citizen. 



46 A History of Kansas. 

The Constitution was adopted in May, but with the 
defeat of the Lecompton measure ceased to have any 
cause for being, and the movement was qui etly dropped. 

88. The Wyandotte Constitution, — The Territory 
would have been a State some years earlier than the date 
of its final admission, but for the make-up of the United 
States Senate. The opposition there steadily denied its 
petition. But the successful oi'ganization of the National 
Kepublican party, and the rapid change in public senti- 
ment, again made success seem possible ; and on July 
5th, 1859, the delegates to the AYyaudotte Convention 
assembled. 

The members of the Topeka and Leavenworth Con- 
ventions were largely prominent Free-state men. But at 
the last Convention it was noticed that nearly all the 
pioneers were absent. The men who were to bring the 
Territory into the Union at last, were very generally 
young men and quite as noticeably new-comers. More 
than two-thirds were under thirty-five years of age, more 
than one-third under thirty, and less than one-third over 
forty. One-half had been in the Territory less than two 
years, and very few had previously represented the peo- 
ple in any assembly. But there was less jealousy, less 
wrangling, and more work. On the 29th, the Conven- 
tion adjourned. 

Some important features of this Constitution connect 
it with this narrative, and deserve especial mention. 
Slavery was prohibited. Suffrage was restricted to white 
males, with the usual limit as to age. The Convention 
rejected a proposition to exclude free negroes from the 
State. It will be seen that a conservative temper pre- 
vailed. The Constitution of Ohio was selected as a 
model ; but the changes and adaptations showed much 
originality and strength. 



Review Questions. 47 



89, Conclusion, — The Constitution was adopted, by a 
vote of 10,000 to 5,000, early in October of the same 
year. Two months later came the election of State offi- 
cers, Gov. Kobinson again heading the successful ticket. 
But public aftairs were destined to remain a year longer 
in the hands of the Territorial Legislature, Not till the 
shadows of civil war darkened the land, and the Senators 
from the South abandoned their seats at Washington to 
strike at the Government which had protected and cher- 
ished them, was the oft-repeated request granted. On 
January- 21st, 1861, Avith the cloud that had obscured its 
own horizon now covering the entire sky, and with the 
roar of the approaching storm distinctly heard, the long- 
tried Territory realized that for which men had endured 
privation, suffering, and death, and became A free State. 

Goi) SAVE THE Commonwealth! 



Review Questions. 

1, AVhat is the geographical position of Kansas? What is its 
area? Describe its system of water-courses. Describe its surface. 
What are its principal products? Xame its leading cities. AVhy 
is its history of peculiar interest ? 

2, When and where was slave-labor introduced into the United 
States? What was the feeling about slaver}' at the time of the 
Kevolution? How does the Constitution recognize slavery? 
What were the terms of the first fugitive-slave law ? What in- 
vention helped to strengthen slavery, and how? AV hat was the 
work of the Colonization Society ? What was the Missouri Com- 
promise? What was the imr^jose of the Wilmot Proviso ? Give 
the terms of the Compromise of 1850. State the early occupation 
of Kansas. 

3, What was the doctrine called "Squatter Sovereignty" ? What 
two parties arose under this ctoctrine? State the preparations 



48 A History of Kansas. 

made to control Kansas. Where, when, and by whom was the 
first Free-state settlement made? J^same and describe the first 
newspapers. Which party carried the first election, and how? 

4, Describe the election in the spring of 1855. What was the 
first personal outrage springing from political motives only? 
What were the Bogus Laws, and under Avhat circumstances were 
they enacted? AVhere was the Territorial capital ? Where was 
the first Free-state Convention held, and with what result? 
Where was the first Constitutional Convention held, and what 
was done? Name the leaders in this. Give the causes and 
events of the Wakarusa war. 

o, AVliat outrages occurred in the early part of 185()? Describe 
the sacking of Lawrence. What was the Pottawatomie massacre ? 
AVhere and when was fought the first pitched battle on Kansas 
soil? Who dispersed the Free-state Legislature, and why? 
What town was entirely destroyed in this year, and by Avhom ? 
Who was the third Governor, and what was his character? 
AVhat was his work, and what were its results? 

G, What town was the center of the struggle in the southern 
part of tlie Territory ? Describe the land troubles. AVho was the 
Free-state leader in the South ? AVhat were his followers called? 
Give an account of the Trading Post massacre. Describe the sub- 
sequent troubles at and around Fort Scott. 

7. What were the changes in 1857 which favored the Free-state 
party? Name the Constitutions of Kansas. Who favored the 
Topeka Constitution, and how long ? State the provisions of the 
Lecompton Constitution respecting slavery. What became of 
this Constitution? Why was the Leavenworth Constitution 
adopted ? How did it treat the question of slavery ? AMiy was 
it not i)ut in force? AVhen and where was the Constitution 
drawn under which Kansas became a State? Describe the 
members of this Convention. AVhat was its attitude towards 
shivery? AVhen was Kansas admitted to the Union? AAliy was 
it not admitted sooner? AAlio w'as the first Governor, and what 
had been his connection with the history of the Territory? 



LOCAL GOVERNMENT IN KANSAS 



JAMES H. CANFIELD. 



"Q/" all systems of government * * * i« may he asserted loithout 
fear of contradiction, that the most difficult to establish and render 
effective, * * * the one tohich evidently requires the greatest maturity 
of reason, of morality, of civilization, in the society to ichich it is 
applied, * •"" * is the federative system of the United States of 
America. ' ' — Guizot. 



Copyright by JAMES H. CANFIELD, 1SS9. 



Prefatoey Note. 



This little volume endeavors to secure practical results witli 
the utmost simplicity and directness of statement. To be suc- 
cessfully used, it must be regarded as one of those " thin " books 
which are necessarily supplemented by earnest and competent in- 
struction. It is a book of texts — as every true text-book should be. 

Such matters as are peculiarly liable to change have been 
avoided, or touched as lightly as possible ; the intention being to 
sketch the groundwork only — that which may be regarded as 
reasonably permanent. 

In order to prevent possible confusion by reason of too many 
details, and to place the remuneration for public service where it 
belongs — subordinate to the service itself^ — no definite salaries 
have been stated. 

As far as it has seemed desirable, the language of the statutes 
has been used. 

As the purpose of the work is simply to report the present facts 
of local government, there is very little criticism ; very few words 
as to what such government ought to be. Such criticism and 
discussion might be very properly considered out of place in the 
common schools of the State. 

Suggestions that look to improvements or corrections in future 
editions will be welcomed. The appreciation of those received 
during the past four years is shown by their appearance in this 
revision. 

As there was but one motive in undertaking the task of pre- 
paring this manual, so there should be but one in using it — an 
earnest desire to advance good citizenship in this imperial Com- 
monwealth. J. H. C 
Lawrence, May, 1889. 



In issuing a Eevised Edition of this work, the publishers would 
state that the entire book has been carefully revised, with the 
author's consent, by Judge W. C. Webb, of topeka, who has in- 
corporated the changes rendered necessary by recent legislative 
enactments, thus bringing it down to the present time. _ A few 
other corrections have been made, and some omissions supplied. It 
is believed the matters stated in the book arc reliable, and in entire 
harmony with the author's purpose. 
Philadelphia, May, 1894. 



IE"TE0DUCTI0E". 



There are two great principles which may bo called the cor- 
ner-stones on which our Government — National, State, and local 
— rests. These are — 

1. The active and intelligent participation of each citizen in 
political affairs; 

2. Office is a trust, and public officers are the servants of the 
people; responsible to the people for the proper discharge of 
every duty. 

With regard to the first, some one has -well said that the public 
business of America is the private business of every citizen. This 
fact should never be forgotten. We acknowledge no king, we have 
no governing class. All power is with the people. Those who 
neglect to exercise this j)ower really have no share in the Govern- 
ment. They are disfranchised by their own act. Those who do 
not exercise this power intelligently soon come under the con- 
trol of the cunning and the crafty. In either case there is only a 
pretense of self-government, and there is ever-increasing danger 
that even the pretense may come to an end. 

The second principle, expressed in the plainest terms, would be : 
every public officer, from President down, is simply a " hired man." 
His first and best efforts are due to those who hire him. No busi- 
ness of his own may interfere with his work for his employers. 
This is measurably true of a legislator also. In certain general 
questions he may act according to his best judgment, but always 
following the wishes of his constituents as tar as he understands 
them. On specific issues he must do their bidding exactly, or 
give place to some one who will do so. To determine whether 
an official, or a legislator, is a worthy servant, one to be hired 
again, the people must know what to expect of him, must under- 
stand his duties, and must be able to decide how he has discharged 
them. Here is another demand for popular intelligence in public 

affiiirs. 

61 



52 Introduction. 



The great mass of our voters are plain, hard- working men. 
Most of them toil daily with their hands for bread. All the 
machinery of state, therefore, should be as simple as possible, 
that public affairs may be easily understood by all citizens. If 
any action on the part of the Government is so complicated that 
very few people can comprehend it, there is great danger that 
some one is making use of our ignorance to his own advantage, 
This is not necessarily true in every case, but is so often true that 
we cannot afford to take any chances. But no Government can 
be carried on intelligently, if it must be kept within the compre- 
hension of ignorant people. It is therefore the duty of every 
citizen to seek all possible information on public questions, that 
the line of government may rise. This is why we have public 
schools, and why instruction is given in United States History 
and in the Constitution of the United States. But we have thus 
far forgotten that local government is just as important as national 
government ; that it touches our daily lives and personal affairs 
even more closely than the latter does ; and that only when our 
local business is well cared for, can we hope to have a wise admin- 
istration of the affairs of the nation. Moreover, if we understand 
our local affairs, we much more easily comprehend what is going 
on in the nation. To extend this knowledge of home government 
is the purpose of this little book. 

Our experiment in free government depends for its success on 
our being an enlightened, unselfish, far-sighted people. Just as 
these foundation qualities are either weak or wanting, the building 
is unstable, and disaster is more or less imminent. If we ever 
reach a time when ignorant, selfish, and present-policy men are 
permanently in the majority, the building will fall. 

If this nation is to stand for all time, growing purer and 
stronger and more worthy of the admiration of the whole civil- 
ized world, it must become and remain, in the very broadest and 
best sense of the words, "A government of the people, by the 
people, and for the people." 



Local Government in Kansas. 



THE SCHOOL DISTRICT. 

1, Prelude. — The State establishes free schools for 
the sake of securiug good citizens. Xo one can be a good 
citizen unless he has a fair understanding, at least, of the 
workings of his own government — the machinerv of 
public aifairs. Only as this runs smoothly, continuously, 
and with the least possible friction, is it of much real 
value to those in whose daily lives it necessarily plays 
such an important part. In a free government like our 
own, offices are filled — sometimes, it must be confessed, in 
a rather hap-hazard way — by persons chosen from the 
people and by the people. Hence, it is peculiarly neces- 
sary that every one, Avhether he serves or determines wlio 
shall serve, shall possess a fair degree of knowledge of 
the duties and responsibilities of the positions which he 
may be asked to fill, or in which he places his neiglibors 
and friends. Without such knowledge, the civil service 
would soon become both inefficient and corrupt. In 
securing this necessary information, it is best to begin at 
home; with that in which we are naturally most interested. 
This will be the School District. 

2, The School district One of the smallest civil 

divisions which the State recognizes is the School Dis- 

53 



54 Local Government in Kansas. 

trict. This is created l)y an officer known as the CV)iuity 
Superintendent of Public Instruction. He has authority 
to divide the county into a convenient number of School 
Districts, and to make any changes in the boundaries of 
these that the interests of the inhabitants may require.^ 
But there must never be less than fifteen persons of school 
age, i. e., over five and under twenty-one years, in each 
District when created or changed ; nor can a District be 
so changed as to make the amount of its bonds, if any 
have been issued, exceed five per cent, of the valuation of 
all property on the tax-rolls. The Superintendent must 
give due public notice of his intention to either create or 
chancre a District ; and anv one who is not satisfied with 
this action may state the facts to the Board of County 
Commissioners,^ and ask them to interfere. 

3, Orgaiiisdtion, — The District is said to be organized 
when its first officers have been elected and have qualified ; 
Avhich means, have done all that the law requires them 
to do before entering upon the actual discharge of the 
duties of their offices. When duly organized, the Dis- 
trict has a legal name : School District No. — (such a 
number as may be given it by the County Superintendent), 

County, State of Kansas. By this name it is 

known in the courts, if it is ever sued or ever brings a 
suit ; and this is the name which appears in all contracts 
or bonds, and in all deeds of real estate. 

4, Annual Meetings, — The regular annual meeting of 
each District is held at the school-house, on the last Thurs- 
day in July, at two o'clock in the afternoon. At this 
meeting, each male to whom the State Constitution gives 

^ See paragraph 45 in chapter on County and County Officers. 



The School District. 55 

tlie riglit to vote/ aiul etioli fenialo over the age of twenty- 
one, and not dis(|iialitied,- is entitled to vote. The general 
business of the meeting is to elect a Director, Clerk, or 
Treasurer ; to vote the annual tax with which to meet cur- 
rent expenses ; to determine the length of time the school 
shall be taught, which shall not be less than three months ; 
and whether a male or a female teacher shall be employed.^ 

5, Officers and their Duties. — The officers have been 
already named. One only is elected each year, and holds 
office for three years. Each takes the usual oath of office f 
and the Treasurer must give a bond, to be approved by 
the Director and Clerk, in double the amount of the funds 
which ^\\\\ probably come into his hands. 

1 He must be at least twenty-one years of age ; a citizen of the 
United States, or, if foreign born, must have at least declared his in- 
terstion to become a citizen ; and must have resided in Kansas six 
months, and in the township (or district) at least thirty days, next 
preceding the election. 

2 The same limitations as are placed on males ; chiefly, when under 
guardianship, of unsound mind, if ever convicted of felony, or guilty 
of taking a bribe, or of fighting a duel. 

3 Of course, all that may be done at such a meeting is not given. 
That would be as impossible as to give all the powers and duties of a 
public officer. The compiled laws of the State will always furnish 
explicit details ; but one of the best ways of getting information is by 
personal observation and inquiry. Scholars should be encouraged to 
attend the annual meeting, and note carefully all that is done there. 
A report should then be made to the school, and some time given to 
inquiry and discussion. Public officers might be questioned as to 
their diities and methods, and the results detailed to the school. Pub- 
lic affairs should be stiulied just as men study any trade or calling ; 
not theoretically, but practically. 

4 1 do solemnly swear that I will support the Constitution of the 
United States and the Constitution of the State of Kansas, and faith- 
fully discharge the duties of the office of . So help me God. 



5^ Local Government in Kansas. 

6. The three officers constitute the District Board ; and 
to this is given general charge of all District affairs. It 
levies the annual tax ; has the care and keeping of the 
school-house, and of all other property belcnging to tlie 
District ; hires the teachers ; decides what text-books shall 
be used; can suspend any pupil guilty of immorality, 
or of persistent violations of any of the regulations of 
the school ; ^ and must visit the school at least once each 
term. 

7. Besides these general duties, each member of the 
Board has special work to do. The Director presides at 
all District meetings ; must sign all orders drawn by the 
Clerk, or they are not valid ; and appears for the District 
in all cases in court, unless the voters otherwise direct. 
The Treaswer receives all school moneys from the County 
Treasurer, as all taxes are collected through the latter, 
and pays these out on order of the Clerk and Director ; 
keeping such accounts of these transactions as will enable 
him to present a detailed report at each annual meeting. 
The Clerk keeps a record of all the school matters in the 
District. He draws all orders for payments of salaries 
and current expenses ; makes a detailed report at each 
annual meetins:, covering all the statistics of the school 
year ; ^ makes all the necessary reports to the County 
Superintendent ; and acts as the Secretary of the District 
Board and of all District meetings. 

^ Such suspension is limited in time to the current quarter in which 
it is made, and an appeal may be taken to the County Superintend- 
ent. 

"^ Such as number of children of school age ; number in attendance ; 
length of the school term ; receipts and disbursements, etc. 



The School District. 



S\ General Provisions, — Sometimes it becomes nec- 
essaiy to form a District lying partly iu two or more 
counties. This is called a Joint District. Sometimes 
two or more Districts unite ibr the purpose of securing a 
graded school for instruction in the higher branches. This 
is known as a Union District. In each of these Districts 
the government is substantially the same as that of an 
ordinary District. When a Joint District is formed of ter- 
ritory lying in two or more counties, it is formed by the 
concurrent action of all the county superintendents con- 
cerned, and cannot be altered without their joint consent. 
Such District is under the supervision of the superintendent 
of the county in which lies the largest amount of territory 
embraced in the District. 

9, Every child between the ages of eight and fourteen 
years is required by law to be in some school, public or 
private, for not less than twelve weeks in each year, unless 
excused by the District Board for good cause shown. 
It is the duty of the Director to enforce this Compulsory 
Law, and to see that all violations of it are punished. 

10, Any School District in the State may, at its annual 
meeting, vote a small tax ^ for the purpose of securing a 
school library. The Clerk is Librarian by virtue of his 
office, unless the Board appoints some one else. 

11, Any District may, at its annual meeting, vote on 
the (juestion of uniformity of text-books in the common 
schools of the county. If the majority of the School Dis- 

1 Not more than ^40, if the taxable property in the district does not 
exceed $20,000 ; $20,000-$30,000, not more than $4") ; §r>0,000-S50,000, 
not more than $50 ; $50,000 and upwards, not more than one-half mill 
on the dollar. 



58 Local Government in Kdnsas. 



tric'ts in any county vote for county uniformity, tlicu tlie 
County Superintendent calls for the election of one dele- 
gate from each township, which delegates constitute the 
County Text-book Board. It is their duty to select and 
prescribe the text-books to be used in the schools of the 
county. When this selection has once been made, the list 
cannot be changed for five years.* 

12. Conclusion, — It will be readily seen that the gov- 
ernment of the School District is very simple. If thought- 
ful, experienced, energetic men are placed in office, it is not 
at all difficult to have good schools. The services of the 
District Board must be rendered gratuitously ; yet this is 
no more than men should gladly undertake as their share 
of the public burden. It is peculiarly necessary that the 
members of the Board be men who take a deep and intel- 
ligent interest in school affairs. Above all, they should be 
men who have no unworthy personal ambitions to gratify, 
no prejudices, and no pets. In their election, party lines 
should be entirely forgotten ; the aim of all good citizens 
being to secure the very best man for each place. 



1 School bonds, for the purpose of erecting or purchasing the school 
buildings necessary for a District, may be issued by the District Board 
as follows : The District must have been organized at least one year ; 
there must be at least fifteen persons between the ages of five and 
twenty-one years actually residing in the District ; at least one-third 
of the qualified electors of the District must petition the Board for a 
ppecial election on the question of issuing the bonds ; the majority of 
qualified electors (including women) must at this election vote in 
favor of issuing the bonds ; each bond must be for not less than one 
hundred nor more than five hundred dollars, must be signed by the 
director and countersigned by the clerk, must be registered with the 
county clerk, and must not be sold at or below par until offered to the 
commissioners of the State permanent school fund or to the loan com- 
missioner of the State Agricultural College. 



The Township. 59 



THE TOWNSHIP. 

13. Prelude, — As soon as it was determined to open 
for settlement the territory which is now Kansas, the 
United States Government, by its survey/ divided the 
land into squares of six miles on each side, which were 
sulxlivldcd into thirty-six tracts, each containing one 
square mile. These latter were called sections, and each 
larger square — thirty-six square miles — Avas called a town- 
ship. These divisions were made for the purpose of giv- 
ing definite boundaries to the lands Avhen sold. 

14. The settlers found tliis method of division very accu- 
rate and very convenient, and have generally retained it 
in civil affairs. A municipal or civil township, therefore, 
is usually a square of land, six miles on each side. 

13. In New England, the organization of each town- 
ship is so complete, and its local government is so inde- 
pendent, tliat it has been said that if the National and 
State governments Avere destroyed, and all their officers 
removed, all local affairs would go on much as usual. In 
the Southern States the county system prevails ; and the 
township, as a unit of government, is scarcely known. 
The Western States have very generally adopted what is 
known as the compromise system, in which municipal 
townships are granted many rights and privileges, but 
are, in a measure, subordinate to the county. In this 
State, nearly all local government is entrusted to cities, 
townships (under the compromise plan), and school dis- 
tricts. 

1 For further details, see chapter ou Land Surveys. 



60 Local Government in Kansas. 

16. Organization, — Each county, when organized, is 
divided by the County Commissioners into suitable and 
convenient civil townships; and the Commissioners have 
power to organize new civil townships, on proper petition 
from the citizens of such townships, and after due notice 
of their proposed action. Each township thus organized 
becomes a body corporate,^ or legal person, and, as such, 
may appear under its own proper name in suits to which 
it is a party, and may make all contracts that are neces- 
sary and convenient for the exercise of its corporate 
powers. 

17 • Elections. — The annual township election is held 
on the Tuesday next succeeding the first Monday in No- 
vember, in each year. Unless divided by law, each town- 
ship constitutes an election district, Avith one polling-place, 
or place where votes may be cast. The Australian Ballot 
Law,^ so called, provides that the Township Trustee, at 
least five days before the day of any election, shall appoint 
three judges and two clerks, who shall be of opposite 
political parties, and from the parties polling the greatest 
number of votes at the last 23receding general election. 
These officers must qualify at least one day before the day 

1 Counties, towusbips, and cities are called public, or miuiicipal, 
corporations. Scbool districts are called quasi corporations. 

^ Former editions of tins work contained at this place a full state- 
ment of the manner of conducting elections according to tbe laws 
then in force ; but much of this was changed by the act known as 
the "Australian Ballot Law," which took effect in April, 1893. This 
new law will be found in the Session Laws of 1893, as Chapter 78, 
page 106, It is too long, and contains too many details, to be fully 
stated in this work. It ought, however, to be carefully read and 
studied by every one who desires to vote, or who wishes to maintain 
the purity of our elections. A few features of the act must suffice 
for our present purpose. 



The Township. 61 



of election. If any of said judges or clerks become dis- 
qualified to act, or fail or refuse to appear and serve at the 
proper time and place, the electors present shall select from 
their number ?;/ra voce proper persons from the different 
political parties to fill such vacancies. On the morning of 
election day the election officers carry the ballot-box, and 
a copy of the Compiled Laws, to the polling-place. At 
eight o'clock the polls are declared to be open; that is, 
the judges will then begin to receive votes. Every male 
person possessing the qualifications prescribed by the State 
Constitution is entitled to vote.^ 

Under the Australian Ballot Law, all ballots cast in 
elections for national, state, district, and county officers, 
and all ballots cast in township and city elections, are 
printed and distributed at the expense of the county, 
except those cast in cities at elections held for city pur- 
poses, which are paid for by the city. The names of all 
candidates for offices to be filled at tlie same election must 
be printed on the same ballot. Certificates of nomination, 
or nomination papers, for all candidates for office, whether 
nominated by conventions or becoming candidates at the 
instance of individual citizens, must be filed as follows: 
for State officers, and officers for districts greater than a 
single county, with the Secretary of State ; for city officers, 
with the city clerk ; for all other officers, with the county 
clerk. Full provisions are also made for ballots for other 
propositions, as voting for bonds, and the like.^ 

^ For qualifications and disabilities of voters, see Constitution of the 
State of Kansas, Article V., page 154. 

Sections 5 to 9 of the law relate to nominations, certificates, and 
filing the same. Section 10 relates to "objections," -which may be 
made before ballots are printed. Sections 11 to 17 relate to the form 



62 Local Government in Kansas. 

All persons in the service or employment of any person, 
company, or corporation have the absolute right to two 
hours on election-day to attend the election, without any 
deduction of wages. The judges and clerks of the elec- 
tion make returns to the county clerk, under the general 
election law, of the ballots, and one copy of the poll-books. 
Electioneering within one hundred feet of any polling- 
place, and any interference with or hindrance of any elec- 
tor, are forbidden under penalties. Other sections of the 
present law prescribe penalties for willful destruction of 
ballots, or any frauds or willful neglect of duty on the 
part of any officer or other person respecting any duty 
under the election law. 

Another act was passed by the legislature at the session 
of 1S93 to prevent '' corrupt practices at elections." ^ This 
act prohibits all bribery or purchase of votes, and other 
corrupt practices, on the part of candidates or their friends. 
It also requires every person who is a candidate for office 
at any election to file with the county clerk, under oath, 
and within thirty days after the election, a detailed state- 
ment of all moneys loaned, expended, paid, or promised to 
be paid by him, or by any one for him, to secure or fur- 
ther his election. Similar statements are required from 
members of any club or organization who shall receive 
or disburse any money for election purposes. 

of ballots, printing them, furnishing them to election officers, and the 
manner in which they are to he supplied to and used by electors. 
Sections 18 to 23 relate to the conduct of elections, to the voting booths, 
and to the marking of his ballot by the voter. Section 25 relates to 
the counting of the ballots after the polls are closed, the declaration 
of the number cast for each candidate, and the preservation of the 
ballots. 

1 Chapter 77, Laws of 1893, page 101. 



The Township. 63 



IS, OJficer.s. — At each auiiual election the followiii"^ 
to\vnshi[) officers are chosen : a Trustee, a Clerk, a Treas- 
urer, a Road Overseer for each Road District in the town- 
ship, and as many Constaljles as there are Justices of the 
Peace. At each alternate annual election there are chosen, 
in addition to the officers already named, the Justices of 
the Peace to which the township is entitled — not less than 
two. These Justices hold office for two years ; all other 
township officers for one }Tar. All officers take the usual 
oath of office before entering u^^on their duties ; and the 
Clerk, the Treasurer, the Road Overseers, the Justices, and 
the Constables give bonds. The Trustee, the Clerk, and 
the Treasurer constitute an Auditing Board, and no bill or 
claim against the township can be paid until allowed by 
such board. 

lt>. The Trustee is a sort of general superintendent of 
township affiiirs. He determines the number and extent 
of the Road Districts, looks after the general pecuniary 
concerns of the township, is one of the judges of elec- 
tions, has charge of the poor, contracts for the building 
of bridges, is the township assessor for the purposes of 
taxation, and, with the consent of the County Commis- 
sioners, levies the tax for township, road, and other 
purposes.^ For his service as assessor, but for none 
other except as hereinafter specified, the law entitles him 
to receive pay. 

'20. The CJerh has charge of all records, books, and 
papers of the township, where no other provision is made 
by law. All these books and records, as ^vell as those in 

^ Such as for payment of interest or princiiml of t jwnsliip bonds. 



64 Local Government in Kanscis. 

the custody of any other public officer, are always open to 
public inspection. 

21, The Treasurer receives and pays out the moneys 
that may lawfidly pass through his hands, under the 
general supervision of the Trustee and on order issued 
by him on claims and bills allowed by the Auditing 
Board. He must keep a true account of all receipts and 
payments, in books provided for the purpose. 

22. These three officers constitute the Board of Com- 
missioners of Iligkways as well as the Auditing Board for 
each township. The Trustee is chairman of this Board, 
and the Clerk is secretary. It meets on the second Sat- 
urday after the townsliip election, and on the last Monday 
of April, July, October, and January in each year. It 
has general supervision of all roads and bridges in the 
township ; and, to make this work more efficient, it is 
authorized to employ a general Superintendent. The 
statute expressly enjoins the making of permanent roads^ 
wherever this is practicable ; which is a long step in 
advance in this matter. 

23, The accounts of all township officers must be 
presented to the Auditing Board for inspection and ap- 
proval. These officers, when serving on this Board, are 
entitled to pay. 

24. The same officers are the Fe) we- Viewers in the 
township ; that is, they determine w^iether the fences an- 
swer the requirements of the law. For each day they 
are engaged in this work they are entitled to pay. 

^ That is, made with gravel, or macadamized, and well drained, etc. 



Tlic Toirnship. 65 



2ij. The lload Overseer must inspect all bridges in his 
district and see that they are either safe for travel or are 
closed ; he nuist carry out proper measures to prevent the 
spread of prairie fires ; and he has general su})ervision of 
opening and keeping in good order all roads ^ under his 
care. He receives pay for his services, but not for more 
than fifteen days' work in each year. 

26. Condahles are the usual officers of the Justices' 
Courts. They may serve all papers issued by the court 
(and so may sheriffs), and they have general police power 
in the preservation of order, can act anywhere \\ itliin the 
county in which they are elected, and can at any time call 
on citizens for help in enforcing the law. Their fees are 
determined by law, and vary in accordance ^^\t\\ the 
service rendered. 

2 7' Justices of the Peace are, as the name implies, peace 
officers and judges in minor matters, both civil and crim- 
inal. Every Justice of the Peace must hold his office in 
the township in and for which he was elected. To give 
him the right to act, the case must arise in the county in 
which he was elected. In civil actions, except replevin 
and trespass, he can act if the amount sought does not 
exceed three hundred dollars. In suits fi)r trespass, and 
in actions of replevin, a Justice has jurisdiction only 

1 Public high ways, established under the statute. These are secured 
by petition to the County Commissioners, are generally located on 
section lines, and are not more than eighty nor less than forty feet 
wide, except in certain emergencies. The County Commissioners have 
power to improve roads whenever a majority of the landowners re- 
siding within half a mile on either side of the road, and between 
the terminal points mentioned in the petition, request such improve- 
ment. The expense is assessed on the tracts of land benefited. 



G6 Local Government in Kansas, 

where the damages or the property and damages ehiimed 
do not exceed one hundred dollars. He cannot act at 
all in a case where the title of land comes in qnestiou. 
Justices may try any person for a misdemeanor (i. e., an 
offense not punishable by death or by confinement and hard 
labor in the penitentiary) in all cases in which the fine can- 
not exceed five hundred dollars and the imprisonment in 
the county jail cannot exceed one year. They may per- 
form the marriage ceremony. They keep a detailed record 
of all their proceedings in a book called a docket. For 
all services they are paid certain fees, determined by laAV. 
In all civil cases tried in a Justice's court, either party 
may demand a jnry. This is composed of six men,nnless 
the parties agree on a smaller number. In criminal trials 
for misdemeanors a jury of twelve men may be called 
either by the complainant or the defendant. If no jury 
is called, the Justice may try the case.^ 

28. Conclusion. — The duties of township officers are 
not very burdensome ; but they call for integrity, tact, and 
shrewd common sense. It is not easy to understand Ayhy 
partisanship should have any weight whatever in the 
choice of these public servants. The best conduct of 
public affairs is all that is sought, and good citizens should 
be content with uothing short of this. 

29. It is not difficult to see that with the district and 
towuship governments alone, very much could be accom- 
plished. With good schools, good roads, efficient peace 
officers, and courts in which may be tried by far the greater 
number of disputes and misunderstandings, the commu- 
nity can thrive and dwell in almost inibroken peace. 

1 See chapter ou Judiciary. 



The Ooimfy. 67 



AVitliiii those limits meu feel the direct results of the 
maehinery of government which they set in motion. 
Beyond these, tlie impression is but slight, decreasing in 
intensity through the county and the State/ and for the 
great mass of men almost entirely d}'ing out before the 
General Government is reached. 

30. To these home matters, therefore, should be given 
most careful thought, and most prompt, efficient, and in- 
dependent action. 



THE COUNTY. 



31. Prelude. — The first Territorial Legislature, in 
1 855, established twenty counties ; that is, defined their 
boundaries. To these twelve more were added before the 
admission of the Territory as a State. Others have been 
established at different sessions of the State Legislature f 

1 A striking illustration of this is to be found in a comparison of 
officials, as follows : 

Officers in School Districts number about 27,000 

" Townships number about 11,000 

" Counties number about 1,400 

'* Cities, excluding Councilmen, about 900 

*' State, including Supreme Court and District 

Judges, but excluding Legislature, about 65 

Again, the tax levied for the payment of all the expenses of the 
State government, including the support of all State institutions, is 
only about one-eighth of the entire amount of taxes levied and col- 
lected in Kansas each year. 

2 The number of counties in 1889 was one hundred and six. Gar- 
field County was disorganized in 1893, leaving at present one hundred 
and five counties, all organized for county purposes. 



GS Local Government in Kansas. 

and some old counties have been divided, the early name 
has been dropped, and new names liave been given to the 
reorganized i)ortions. By a special statute, boundaries 
may be changed by a majority vote of the electors of the 
counties interested; but no county shall have an area of 
less than four hundred and thirty-two square miles. 

32. Organization, — County organization usually took 
place under general laws (see paragraphs 1577 to 1593, 
both inclusive, of General Statutes of 1889) ; but some 
counties were and new counties may be organized under the 
particular provisions of the laws creating them. It is not 
necessary to consider these provisions here. Counties may 
be divided and new counties created by the Legislature at 
its pleasure, subject only to the constitutional requirement 
that no county can be created having less than four lumdred 
and thirty-two square miles, nor reduced below such area. 

33. The county-toA\n, or county-seat — /. e., the place 
where county offices are located — is determined by a vote 
of the electors of the county. As in the case of the town- 
ship, each county is a body corj^orate and politic ; that is, 
is a legal person ; and as such can sue and be sued, make 
contracts, and hold real estate. 

34. Elections. — County elections occur on the Tuesday 
next succeeding the first Monday in November of each 
year ; but not for the same officers each time. In each 
"even" year we vote for members of the Legislature (or 
Representatives), a Probate Judge, a Clerk of the District 
Court, a Superintendent of Public Instruction, one Com- 
missioner, and a County Attorney. Once in four years, 
in wliat is called the presidential year, Ave add to these a 
State Senator. In the "odd" years there are elected one 



The County. 69 



CoininissioiK'r, a Slioriff, a County Clerk, a Treasurer, a 
Register of Deeds, a Surveyor, and a Coroner. Tliese 
elections are announced, or ''proclaimed," by the Sheritt' at 
least ten days before they occur. The voting is done in 
election districts, which are townships, unless otherwise de- 
termined by law, and in city wards. All county officers 
enter upon the discharge of their duties on the second Mon- 
day of January next after election, except the Treasurer, 
Avhose term begins on the second Tuesday of October next 
after his election ; and all give bonds. Senators and Rep- 
resentatives never give bonds. 

35, Officer's, — The County Commissioners stand in much 
the same relation to the county that the Director does to 
the school district, or the Trustee to the township. Al- 
though county officers, the Commissioners are elected from 
separate districts, by the electors of such districts respect- 
ively. They are the representatives of the county, the 
general agents of the county, the county executive. All 
county property is in their care ; they examine and settle 
all acconnts of the receipts and expenditures of the county; 
they apportion and order the levy of taxes ; they lay out, 
alter, or discontinue roads ;i they set off and organize 
townships, and change their boundaries ; they canvass the 
votes fen' the respective county and township officers, and 
determine the results of such elections; they canvass the 
votes for State and district officers, for members of the 
State Legislature, for members of Congress, and for Presi- 
dential electors, and such canvass is certified to the Secre- 
tary of State. They have powers necessary to meet the 
requirements of county business in all cases where no other 

1 See note, page 65. 



70 Local Government in Kansas. 

provision is made by law. Their term of offiee is for three 
years, and is so arranged that one Commissioner is elected 
each year. This always leaves two of the Board — a major- 
ity — who have some acquaintance with county business ; a 
very wise provision. Their compensation is by the day, 
for actual service required and rendered ; the total number 
of days being regulated by statute with reference to the 
population of the county, this being thought the most 
practicable way of estimating the probable business of 
the county. 

30. The Comity Clerk is the Secretary of the Board of 
County Commissioners, and is custodian of their records 
and })apers and the seal of the county. He keeps a full 
set of accounts of the receipts and expenditures of the 
county, and of the business of his county with all county, 
townshij), district, and other officers. These are especially 
designed as a check on the Treasurer's accounts, and as a 
test of their accuracy. This includes, of course, the com- 
plete tax-rolls, and all the proceedings connected with the 
levy and collection of taxes. He makes a complete and 
detailed report to the State Auditor every year of the 
financial condition of the county. In return for his 
services he receives a salary, varying according to the 
population of the county. 

37. The County Treasurer has charge of the money of 
the county. Everything due the county is i)aid to him, 
and all ex])cnditures pass through his hand. He is the 
collector of all taxes ; and therefore must open accounts 
with all cities, townships, and school districts in his 
county. He makes full reports to and settlements with 
the County Commissioners once in each year ; and once 



The County, 71 



each quarter the 1^'obate Judge aud two citizens appointed 
by the Commissioners enter the office, without previous 
notice, and examine tlie books and count the funds in the 
Treasurer's hands. 

SS, The Register of Deeds has care of the various 
records affecting title to land. All deeds, mortgages, maps 
of towns or villages, and other writings which, under the 
law, may become a charge on any land, or may assist in 
determining the ownership of land, are copied by the 
Register in books prepared for that purpose and kept in 
his office. These are always open to public inspection, 
and are carefully and conveniently indexed. 

39, The Sheriff is the general ministerial officer of the 
District Court, attending all its sittings ; and is the county 
representative of the executive branch of government. 
He appoints an under-sheriff, or general deputy, and such 
deputies as he may think necessary — being himself respon- 
sible for the acts of these sul3ordinate officers. He has 
charge of the county jail, and of all the prisoners kept 
there. It is his duty to do all in his power to preserve the 
peace, to suppress all unlawful assemblages, and to make 
all necessary arrests. Should he need assistance at any time, 
he is authorized to call to his aid such persons in the county 
as he may think necessary. This is known as " summoning 
a posse." He gives public notice of all elections, attends 
the drawing of jurors, and summons them Avhen drawn, 
and in all ways furthers the execution of all laws. 

40. It is the duty of the Coroner to examine all the 
circumstances connected with death by unlawful means, or 
where the cause of the death is unknown. This is called 
^Miolding an inquest;" and in the performance of this duty 



72 Local Government in Kansas. 

the Coroner is assisted by six jurymen, summoned })y him- 
self. If the jury find that a crime has been committed, the 
Coroner may issue a Avarrant for the arrest of the person 
charged ; but the trial of such person is conducted in the 
usual courts, and in the usual manner. When the Sheriff 
is a party, or is incompetent to act, the Coroner may 
serve legal process issued from the District Court. AVhen 
there is no Coroner, a Justice of the Peace may hold 
" inquests." 

41, The County Attorney appears in all the courts of 
his county, and prosecutes or defends on the part of the 
people all suits in which the State or his county has an 
interest. He is the legal adviser of the Board of Com- 
missioners ; and it is his duty to inspect j^ersonally the 
jail and its management during each term of court, and 
make report to the County Commissioners. 

42, The County Surveyor is entrusted with the lines or 
boundaries of the various divisions of the county. He 
subdivides the sections establislicd by the United States 
Surveyors ; re-establishes missing corners or landmarks ; 
surveys the lines of all public roads ; and disputes or mis- 
understandings as to the boundaries of adjoining lands are 
generally referred to him for settlement ; but appeals may 
be taken from his decision to the District Court. 

43, Each county having more than twenty-five thou- 
sand inliabitants is entitled to an officer known as the 
County Auditor, who is appointed by the District Court of 
such county. It is his duty to examine all claims pre- 
sented against the county and to decide as to their validity; 
to inspect the accounts of the Treasurer every two months ; 
and to examine tlie reports and books of the Sheriff and of 



The County. 73 



the Clerk of the District Court coueeriiiug fees and other 
moneys eolleeted by tliem. He mnst pnblish each month, 
in the official paper of the county, a complete statement of 
all the claims which he has allowed.^ 

^4:. The Commissioners in each county constitute the 
County Board of Health. They elect some reputable phy- 
sician as County Health Officer. The county officers and 
the State Board of Health act together ; the former having 
the same general powers in their respective counties that 
the latter has in the State.^ 

45. The County Superintendent of Public Instruction has 
general charge of the educational interests of the county. 
He divides the county into School Districts, visits the 
schools, suo:2:ests to either teachers or School Boards needed 
improvements, examines accounts and records connected 
with school work, encourages the formation of Teachers' 
Associations, supervises the summer Normal Institutes,^ 
prepares certain educational statistics and reports these 
to the State Superintendent of Public Instruction, and 
decides most of the disputes arising within Districts. 
Appeals may be taken from his decision to the County 
Commissioners respecting the formation of districts or the 
division of proj^erty. 

Much depends on his character, education, patience, firm- 
ness, and industry. The greatest care should be used in 
selecting this very important public officer, and he should 



1 For duties of the Clerk of the District Court, see under the Judi- 
ciary, par. 124. 

2 For duties of the State Board of Health, see under State Oflficers, 
par. 90. 

3 See under Higher Education. 



74 Local Government in Kanms. 

be retained in office as long as lie gives satisfaction, or 
until the people are sure of getting a better servant. 

46. The County Superintendent is assisted in the dis- 
charge of one portion of his duty by two Examiners, who 
are appointed by the County Commissioners, and, with the 
Snperintendent, form the County Board of Examiners. 
These persons must hold first-grade or State certificates, 
or be regular graduates of one of the State institutions of 
higher learning. 

47. Notaries Public are appointed by the Governor, in 
each county. The statute places no limit on their num- 
ber. Each gives an official bond, which, with his oath of 
office, is filed with the Clerk of the District Court ; and 
each must have an official seal. They have authority to 
administer oaths, to take and certify acknowledgment of 
deeds and of other papers affi^cting the title to lands, to 
protest promissory notes for want of payment, to take depo- 
sitions of witnesses, and to exercise other powers granted 
by connnercial usage. 

4S. The Legislature divides the State periodically into 
Senatorial and Representative Districts. From the first are 
chosen the members of the Upper House, and from the 
last those of the Lower House. The Constitution pro- 
vides that there shall not be more than forty Senators nor 
more than one hundred and twenty-five Representatives. 
Members of the Legislature must be qualified voters of 
the District for which they are elected, and must reside in 
tliat District. Xo member of Congress nor officer of the 
United States, and no one convicted of misuse of public 
funds, is eligible to a seat in the Legislature. The powers 



Cities, 75 



and duties of Senators and Representatives will be given 
under the legislative branch of the State government. 

4:9, Conclusion — Reviewing the county officers, it will 
be readily seen that ability, integrity, and efficiency are 
the chief requisites. The offices are peculiarly positions of 
trust and practical service in behalf of the entire people. 
Upright, energetic business men to do the business of the 
people in an upright and energetic way — that is ^vhat is 
wanted. INIere party prejudices should have no weight 
whatever; there should be, as in tlie district or in the toA\ n- 
ship, simply an effort to secure the best man. The only 
legitimate exception to this may be made in the choice of 
the members of the Legislature. Since with these lies the 
choice of United States Senators, and the latter are closely 
connected with national affiiirs, there may be some ground 
for party allegiance in any measure which affects their 
election. 



CITIES. 



50, Prelude, — Whenever, for any reason, a large num- 
ber of people reside within a comparatively limited area, 
there is need of government differing somewhat from that 
of a rural district. For instance, where buildings stand 
close together there is more danger from fire, and hence 
there must be greater protection against it ; the various 
kinds of waste or refuse from a large population soon con- 
taminate the soil and the natural watercourses, and pure 
water must be brought into the city ; where there are so 
many people, every man does not know his neighbor and 



76 LoGcd Government in Kansas. 

that neighbor's business, which fact presents constant oppor- 
tunities for crime, and compL'ls the organization of a police 
force ; the constant passing to and fro of a large population 
demands good sidewalks. All these, and many others, are 
necessarily expensive, and require supervision and care ; 
and for this certain officers and general rules must be pro- 
vided. TJiese constitute city governments, which will not 
be difficult of explanation, now that the simpler forms of 
local government have been thoroughly mastered. 

Ji. CI ass t/i cat ion, — Whenever it is duly ascertained, 
by any lawful census or enumeration, that any city has a 
population of over fifteen thousand inhabitants, the fact is 
certified by the Mayor and Council to the Governor, who 
thereupon, by public proclamation, declares that to be a 
city of the first class. If the city lias more than two thou- 
sand inhabitants, and less than fifteen thousand, it is pro- 
claimed a city of the second class. Any town or village 
having not more than two thousand inhabitants, nor less than 
two hundred and fifty, on due application to the Commis- 
sioners of the County in which it is located may l)e declared 
a city of the third class. In 1889 Kansas had six cities of 
the first class, forty-six cities of the second class, and seven 
cities which Nvould be in the second class if tliey should 
apply for sucli recognition. There liave been no incorpo- 
rated " villages" or 'downs'' in Kansas since 1871. 

5V. Warffs — Cities of the first class shall have not less 
than four nor more than six loards. These are geograph- 
ical divisions of the city, each being entitled to rejiresen- 
tation in the City Council. A city is a ])ublic corporation 
created by statute to transact certain ])ublic business in a 
certain and specified way ; and this business is very gen- 



Cities. 77 

erally of such a nature as to give little or no place for 
politics. 

Cities of the second class, having more than four tliou- 
sand population, sliall have not less than four wards. 
Cities of the third class are not divided into wards. 

5f3. Beg ist rat ion, — To prevent legal electors from vot- 
ing more than once at the same election, and to prevent 
persons from voting who are not legally entitled to vote, 
every person who claims the right to vote, in cities of the 
first and the second class, is recpnred to give to the City 
Clerk, prior to the ten days preceding any election, a state- 
ment of his name, age, occupation, and place of residence. 
This registration must be attended to every year, or the 
citizen loses his vote. Copies of the Clerk's lists are sent 
to the polls, and no one can vote whose name cannot be 
found on the list for the ward in which he oifers his vote, 
unless he produces a ''certificate of registration" showing 
that he Avas in fact duly registered. 

In each city where more than six thousand votes are 
cast at any general election, registration and elections are 
in charge of a Commissioner of Eledioiis, appointed by the 
Governor. If the Metropolitan Police Law is in force in 
that city, the Board of Police Commisioners acts in con- 
nection with the Commissioner of Elections. 

54:. Elections — Elections are held on the first Tuesday 
in April. In cities of the first class, the Mayor and the 
Police Judge ^ are elected in the -'odd" years, by vote of 
all citizens. Each ward is entitled to two Coimcilmen. 
The Council men and members of the Board of Education 

1 In cities governed by the Metropolitan Police Law the Police 
CouiQiissioners appoint the Police Judge. 



78 Local Goveniuient in Kansas. 

are elected in alternate years. In cities of the second class, 
the officers elected in the ''odd" years are the Mayor, Police 
Judge, Treasurer, Treasurer of Board of Education, and 
Justices of the Peace.^ One Councilman in each ward, and 
members of the Board of Education, are elected annually. 
In cities of the third class, the Mayor, Police Judge, and 
Councilmen are elected annually. Officers not elected by 
the people are appointed by the Mayor and Council. 

In all elections for city or school officers, or for the pur- 
pose of authorizing the issue of school bonds, women vote, 
under the same restrictions and qualifications as men, and 
they are eligible to any city or school office. They are not 
eligible to the office of Justice of the Peace or of Constable. 

5J. Government The government of a city is in the 

hands of a flavor and Common Council, whose legislative 
acts are called Ordinances. 

56. Oijicers. — The Mayor corresponds to the township 
Trustee, and is the general executive of the city, being 
active and vigilant in enforcing all the laws (ordinances) 
of the city. He has some special powers; such as that 
of a veto on all ordinances passed by the Council (^vhich 
may be passed over the veto by a three-fourths vote); the 
jiower to appoint special policemen, to call out the citizens 
or militia within the city to aid in enforcing the ordi- 
nances or to suj)press a riot, and to grant reprieves or 
j)ardons for all offi?nses arising under the city laws — but 
in this last he nuist have the consent of the Council. In 
some of these special powers the Mayor's position is some- 
thing like that of the Governor. 



1 For the purpose of electing? Justices of the Peace and Constables, 
cities are declared to be townships. 



Cities. 79 

57> The Police Jadge answers to tlie township Justice 
of the Peace, and has exckisive right to hear and determine 
all cases which arise under the city ordinances. In cities 
governed by the Metropolitan Police Law, Police Judges 
may try most of the misdemeanors (or minor criminal of- 
fenses) under the State laws. The Marshal and the police 
are his constables ; the former having many duties like 
those of a sheriff.^ 

58» The Clerh, Treasurer , Assessor,^ and Attorney per- 
form the customary duties attaching to their offices. 

59, The Weigh-Master inspects and weighs all hay, grain, 
and coal, and measures all wood, when these are offered 
for public sale ; and the Council may prescribe rules for 
the weighing and measuring of every commodity sold in 
the city ; but this is rarely done. 

GO, The 3Iarhet-Master is an officer almost unknown 
in Kansas. The office may be created by ordinance, and 
its duties defined. 

61. The City Charter Acts provide for the appointment 
by the Mayor and Council of any city, or by the Trustee of 
any township, of an Inspector of Oils, who examines all coal, 

1 Unless such action appears to the Governor clearly unnecessary, 
he must appoint in every city of the first class a Board of Police Com- 
iiiissloners, three in number, who shall have entire control of the iiolice 
force and of police regulations in that city. 

If fifty householders of a city of the second class so petition, or if 
the Governor so directs, the Attorney-General has authority to com- 
mence proceedings which will put all the city ofiicials out of office, 
and the Governor then appoints a Board of Police Commissioners, as 
above, with the same general powers. 

When the Governor thinks there is no further need of this kind of 
government, a new city election is called by him, and the Police 
Board is discontinued. 

2 See under Taxation. 



80 Local Government in Kansas. 

petroleum, or mineral oils offered for sale, and determines 
their safety. (These provisions are praetieally repealed or 
superseded by chapter 180 of the laws of 1S89, providing 
for a State Inspector of Oils. See par. 100.) 

62. In the Street Commissioner we find the Road Over- 
seer, and in the City Engineer the official Surveyor. 

03. Schools. — For educational purposes the city is 
treated as one School District, under the general manage- 
ment of a Board of Education. In cities of the first class 
this consists of three members from each ward — if the city 
has no more than four wards ; but if more than four wards, 
then two from each ward — one of Avhom, in each ^\•ard, is 
elected by the citizens at large, annually. In cities of the 
second class there are two meml)ers from each Avard, one 
of whom is chosen annually ; but if the city has more than 
ten thousand inhabitants, then the Board consists of six 
citizens, two of whom are chosen each year by the citizens 
at large. The Board may, for the sake of convenience, 
divide the city into districts ; and this is generally done, 
taking the ward lines as district boundaries. Usually 
each ward school has its own Principal; while over all 
the Board places a Cifij Superintendent. County Superin- 
tendents have no jurisdiction within cities of the first or 
second class. For school purposes, cities of the third class 
are under the same laws as those which control a country 
district. 

In cities of the first class the schools cannot be kept 
open for more than nine months in each year ; the tax for 
the support of the schools cannot exceed ten mills on the 
dollar when the assessed valuation is less than three 
millions of dollars, and cannot exceed seven mills on the 
dollar when the valuation is more than three millions. 



cities, 81 

6-i. Conclasiou, — The real dilferenccs between the gov- 
eruments of cities of tlie several classes are very slight. 
Cities of the third class have fewer officers, and can be 
managed at much less expense. Cliaracter and competency 
are almost the only qualities demanded in candidates for 
city offices. In many Kansas towns party lines have been 
almost forgotten, and mere partisanship stands a poor 
chance of success. As cities increase in population, party 
lines become more manifest, largely because city majorities 
can be made to control the result of rural elections; but 
it is the part of true Avisdom to repress this tendency as 
long as possible. 

65, There is a common saying tliat in the United 
States every city witli a population of more than ten 
thousand is governed by tlie worst class of its citizens. 
This is not quite true, but indicates the popular feeling, 
that there is great danger of its becoming true. The 
intense business and professional activity in cities, and 
the many social attractions and opportunities for amuse- 
ment, tend to make more thoughtful and responsible 
citizens, those called '^the better classes,'' neglect their 
political duties. Thus, place and power are secured by 
those who are unworthy. There is no alternative. Either 
a city will be governed by the respectable jiortii^n of its 
people, to the exclusion of the mob of idle and vicious 
persons and those who live by their wits — all of whom 
drift into cities, because there they can be comparatively 
lost in the crowd ; or the city and the respectable portion 
of the community will be governed by this mob. Xo- 
where more than in these large centers of population are 
there needed constant care and watchfulness on the part 
of every good citizen. 



82 Load Government in Kansas. 

THE STATE. 

66. Organization The people of tlie Territory of 

Kansas having duly formed and ratified a Constitution 
(that of Wyandotte) and State Government, — republican 
in form, — and having asked admission to the Union, 
Congress, by an aet of admission, deelared Kansas one 
of the United States. This act, approved January 29, 
1861, defined the boundaries of the State; declared it 
entitled to one Representative until the next general 
apportionment of Representatives ; gave to the State, for 
school purposes, sections sixteen and thirty-six in each 
township of public land ; granted seventy-two sections 
of land for the support of a State University ; gave ten 
sections of land for public buildings ; pledged the State 
five per cent, of all sales of public land in Kansas ; and 
created the State a Judicial District of the United States. 

67' Elections, — The election of State officers is held 
at the time and place of voting for members of tlie State 
Legislature, and under the same regulations. Indeed, 
the names generally appear on the same ticket with the 
names of candidates for county offices. The vote for 
State officers, however, is sent by the Clerks of the Can- 
vassin<T' Boards of the several counties to the Secretary 
of State. The Governor, Secr(>tary of State, Auditor, 
Treasurer, and Attorney-General constitute the Board of 
State Canvassers, with the same general powers and duties 
as those of county boards. 

68. Officers. — The executive department consists of a 
Governor, Lieutenant-Governor, Secretary of State, Audi- 
tor, Treasurer, Attorney-General, and Superintendent of 



State Officers. 83 



Public Instruction. All these are elected by the people, 
and each holds his office for two years. 

69. The Governor is the supreme executive of the 
State, and its general representative in business affairs. 
He may call an extra session of the Legislature, and may 
adjourn the Legislature if the two liouses cannot agree 
as to the time for adjournment. In a message sent to the 
Legislature at the opening of each session, he reports the 
condition of the State and of its institutions, and recom- 
mends appropriate legislation. He transacts nearly all 
the business of the State with the National Government. 
Under regulations prescribed by law he has poAver to par- 
don those under sentence of law ; and a sentence of death 
cannot be carried out unless he issues a warrant to that 
effect.^ The Great Seal of the State is kept in the Gov- 
ernor's office. The Governor is also Commander-in-chief 
of the militia.^ 

70. The Lieutenant-Governor is, by virtue of his office, 
President of the Senate. In case of the disobility of the 
Governor, for any reason, tlie duties and responsibilities 
of his office devolve on the Lieutenant-Governor ; but 
sickness, or absence from the State, constitutes no such 
disability. 

71* The Secretary of Slate has charge of all books, 
maps, records, official bonds, and other valuable State 
papers. In his office are kept all the enrolled bills and 
resolutions of each Legislature ; and he has the care and 
distribution of the printed laws of the State. 

1 Governors in this State have so very generally refrained from 
issuing such warrants, that there is practically no death penalty in 
Kansas. 

^ See Constitutional Provisions. 



84 Local Government in Kansas. 

72. Tiie (liitit's of a State Auditor are those of a chief 
book-keeper, and somewliat more. He keeps all the 
accounts of the State; audits all the accounts and salaries 
of persons who may receive money from the treasury, and 
issues orders, or warrants, for the payment of these ; and 
he reports to eacli Legislature a detailed estimate of the 
necessary expenses of the State until the meeting of tlie 
next Legislature. He is also the Regider of the State Land 
Office, and has charge of the books in which are preserved 
the records of the sales of State lauds. 

7S. The State Treasurer receives and pays out all tlie 
moneys of the State, keeping the usual detailed accounts 
of the same, and making an explicit report to the Gov- 
ernor once in two years. The Governor, Auditor, and 
Secretary of State, as an Examining Board, are required 
to inspect once in each month, without previous notice, 
all the accounts and funds of the treasury department. 
Any use whatever of the State funds, in any manner and 
for any purpose not authorized by law, is made a statu- 
tory embezzlement. 

74:. The Attoimey- General appears for the State, and 
prosecutes or defends all actions and proceedings, civil 
or criminal, in which tlie State is interested or is a party. 
He performs this duty in the Supreme Court of the State 
by virtue of liis office, and in any otlier court on request 
of the Governor. He gives legal advice to all County 
Attorneys or other public officers whenever they may 
apply to him. 

7o. Under the general su])erlntendence and manage- 
ment of the State Siipcrintendent of Instruction ^ are the 

1 The Auditoi', Treasurer and Superiutendeut are each authorized 



State Officers. 85 



entire educational interests of Kansas. He distributes 
the income of the State scliool-fund to tlie counties from 
whicli proper reports have been received ; visits each 
county at least once in two years ; publishes tlie school 
laAvs that are in force ; advises witli County Superin- 
tendents ; and reports in detail to tlie Governor, prior to 
each session of the Legislature, the condition of educa- 
tional affairs in the State. 

76. The State officers thus far mentioned, except the 
Lieutenant-Governor, form Avhat is known as the Execu- 
tive Council. This has the care and management of the 
State-house and of the grounds about it, of the armory, 
and of all other State property where no other provision 
is made by law. It elects the three Railroad Commis- 
sioners (one each year), annually selects and names the 
"official State paper," and has many other duties pre- 
scribed by the statute. 

77. The Railroad Commissioners form a Board to whicli 
are referred all questions as to freight or passenger 
charges, the location of depots and side-tracks, and all 
other claims or questions which may arise under the law 
regulating railways. A Commissioner's term of office is 
three years. 

78. The Lieutenant-Governor, Secretary of State, 
Treasurer, Auditor, and Attorney-General are united in a 
Board known as tlie Board of Railroad Assessors, whose 
duty it is to assess the property of all railroad corpora- 
tions in the State for the purposes of taxation. 

79. To the Secretary of State, the Superintendent 

to appoint a competent and suitable assistant, who stall be known as 
Assistant Auditor, Assistant Treasurer, or Assistant Superintendent. 



86 Local Government in Kansas. 

of Pul)lic Instnic-tion, aod the Attorney-General, as tlie 
School-Fund Commissioners^ are entrusted the care, man- 
agement, and investment of the school-fund of the State. 

80, Whenever the State incurs a debt, a tax is levied 
which will pay the interest each year, and also raise, each 
year, an amount which, when laid by, will equal the prin- 
cipal when the latter comes due. The part laid by each 
year to pay the principal is called the Sinking Fund. 
This fund may be invested by the Governor, Secretary 
of State, and State Auditor, who are constituted a board 
known as the Sinhing-Fund Commissioners. 

81, The State Agricultural Society is organized to 
further the agricultural interests of the State. Every 
County or District Agricultural Society which shall have 
made a monthly and detailed report of the condition of 
crops, of the noxious insects, and of the condition of stock, 
in its county or district, and shall liave furnished such 
other information as the State Board may require, is 
entitled to send its President, or some other person, as a 
delegate to the annual meeting of the society. This is 
held in Topeka, on the second Wednesday of January in 
each year, and the usual officers are then elected. The 
President, Vice-President, Secretary, Treasurer, and five 
members chosen at the annual meeting, constitute the 
regular State Board of Agnculture. Of this the Governor 
aud Secretary of State are ex-ojficio members. 

82, The State Board takes the census (the official 
numbering of the people), and compiles all statistics 
and collects all manner of information that may be use- 
ful to farmers, or that may prove desirable to those in 
other States or countries looking for new homes. The 



State Officers. 87 



result of their labors is put in the form of a Biennial 
Report, of which several thousand copies are printed for 
general distribution. The society occupies large rooms 
in the capitol, where are preserved and displayed speci- 
mens of the soils, products, and industries of the State. 

53, Closely connected with the agricultural interests 
of the State is the Live-Stock Sanitary Commimon. This 
Board is made up of three persons appointed by the 
Governor, with the advice and consent of the Senate, 
and has general oversight of the health of all live-stock 
in the State. The State * Veterinary Surgeon, also ap- 
pointed by the Governor, acts with this commission ; the 
object being to secure the best means of avoiding or 
limiting contagious diseases in domestic animals. 

54, The Acaderiiy of Science is really a department 
of the State Board of xlgriculture, but with a separate 
organization and under its own officers. It holds a regu- 
lar annual meeting, at which the latest discoveries and 
advancement in science are discussed. The Academy has 
an office in the agricultural room, in the capitol, and has 
special duties in the way of collecting and preserving 
botanical and geological specimens. 

85. The State Horticultural Society receives support 
from tlie State in its work of investigating the various 
methods in horticulture, and of collecting and dissemi- 
nating ail manner of infn-mation that may be useful to 
fruit-growers. Like the Academy of Science, it is really 
a department of the State Board of Agriculture. 

86. The State Hktoincal Society was organized to col- 
lect books, maps, public and private letters and documents, 
relics, and all and everything relating to the history of 



.S<S Local Government in Kansas. 



Kansas iu particular, and of the West in general. ^lem- 
bcrsliip is by election of the society and on payment of 
certain fees ; and the meml)ers elect their own officers at 
the annual meeting. The State provides rooms for the 
collections, and appropriates certain amounts each legis- 
lative session for the current expenses of the society, in- 
cludintr the salaries of the Secretarv and of his assistants. 
These are the librarians, and are the custodians of the 
property of the organization. The expenditures of this 
fund must be duly reported to the Governor. 

87' The State Board of Education formerly consisted of 
the State Superintendent of Public Instruction, the Chan- 
cellor of the State University, the President of the State 
Agricultural College, and the President (or Principal) of 
the State Normal School. This board was increased in 
number by chapter 132 of the laws of 1893, which au- 
thorizes the Governor, by and with the advice and consent 
of the Senate, to appoint three additional members, who 
hold office for the term of two years each. By the pro- 
visions of said chapter 132, laws of 1893, the State Board 
of Education now issues State Certificates, valid for three 
years. Said Board may also issue Life Certificates. These 
are granted on examination to those showing high qualifi- 
cations as teachers. The Board also prepares the questions 
used in county examinations of teachers, by which a certain 
uniformity and high grade of excellence are sought in 
those receiving county certificates. It determines who 
may be conductors and instructors in County Normal 
Institutes, and issues certificates to them. It is gen- 
erally regarded by tlie State Superintendent as a sort of 
advisory council, though it lias no such legal position or 



^tate Officers, 89 



duty. The members meet at Topeka on the fourth Mon- 
day in August in each year, and at such other times and 
places as they may deem necessary. 

S8, Three persons (one of whom must be an attorney) 
are appointed by the Governor to act as a Board of 
Pardons. All applications for pardons of persons under- 
going a sentence of law for any felony must be submitted 
to this Board, and it has authority to examine the facts 
in all cases in which it seems a pardon might be granted. 
The Board meets four times each year, in Topeka ; and 
the members hold office during the pleasure of the Gover- 
nor. Applications for pardon in cases of misdemeanors are 
not referred to the Board of Pardons, but no pardon can 
be legally granted, either in case of felony or of mis- 
demeanor, unless notice of application therefor is first 
published as required by law. 

89. All institutions for the defective classes are under 
the general control of the State Board of Trustees of Chari- 
table Institutions, consisting of five persons, appointed by 
the Governor. The term of office is three years. 

90. Nine physicians, appointed by the Governor, con- 
stitute the State Board of Health. The term of office is 
three years, and the holding is so arranged that three 
members are appointed each year. The annual meeting 
of the Board is held in Topeka, in June ; and quarterly 
meetings are held there, or elsewhere, as the Board may 
direct. The Board elects one of its own members as Sec- 
retary, who is really the executive of the Board. It has 
general authority to supervise the health interests of 
the State. It collects statistics, publishes information, 
inspects public buildings, can give authoritative directions 



90 Local Government in Kansas, 

and take all necessary precautions in regard to contagious 
diseases, and devotes its efforts to tlie general improve- 
ment of the sanitary condition of the commonwealth. 

iH, The State Medical Examiners are appointed under 
a special statute by tlie Kansas Medical Society (Allo- 
pathic), the Eclectic JMedical Society of Kansas, and the 
Homoeopathic State Medical Society. All practicing phy- 
sicians must hold certificates from some one of these Ex- 
amining Boards. Certain certificates are given to those 
who hold diplomas from medical colleges ; others, to those 
who are examined directly by the Boards. These cer- 
tificates must be recorded with the County Clerk, and no 
person can practice medicine or surgery until he has 
received and recorded his certificate. The usual penalties 
attach to any violation of the act creating the Boards and 
regulating medical practice. 

92. The State Board of Phamiacy is composed of live 
reputable and practicing pharmacists (druggists), ap- 
pointed by the Governor. The term of office is three 
years. This Board has general supervision of the prac- 
tice of pharmacy ; must examine and register all wlio 
wish to go into this business, either as druggists or as 
druggists' clerks; and issues certificates of competency, 
or licenses applicants to keep, compound, and sell drugs 
and medicines. The intention of tlie law creating tliis 
Board was to prevent incompetent jicrsons from dealing 
in drugs, and to punish the adulteration of medicines and 
chemicals. 

93. A State Printer is chosen by the Legislature, who 
does all the public printing — such as stationery, blanks, 
reports, etc., for State officers, and most of that required 



State Officet^s. 91 



in State institutions ; and ^vhose term of office is t\v^o 
years. 

94:, By and with the advice and consent of the Senate, 
the Governor appoints a Siqjerhitetident of Imunmce, who 
holds his office for four years, and whose duty it is to 
examine carefully the management and financial condition 
of each insurance company that wishes to do business in 
the State. He reports the result of such examinations 
publicly ; and if in any case it is not satisfactory, he has 
power to revoke the authority by w^hich the company 
entered the State. 

95, The State Library is located in the capitol. A 
State Libraiian is appointed by the Governor upon the 
recommendation of the Board of Directors. Said Board 
consists of the Governor and the Justices of the Supreme 
Court. 

96, The Commissioner of Labor Statistics is appointed 
by the Governor, and holds office two years. He. is at 
the head of the Bureau of Labor and Industrial Statis- 
tics, and it is his duty to collect and put in proper form 
all possible details relating to all kinds of labor in the 
State; especially the details of the social, educational, 
and sanitary condition of the laboring classes, and of the 
manufactures of the State. 

97, The State Mine Lnspedor is appointed by the Gov- 
ernor and the Executive Council, under a special statute 
controlling the operation and safety of mines. He must 
be at least thirty years old, and have had five years' expe- 
rience working in and around coal-mines. The term of 
office is two years. He visits each mine in the State at 
least twice in each year, to see that every possible precau- 



92 Local Government in Kansas. 

tion is taken against accidents^ and that all doe regard is 
paid to the health of the workmen while in the employ of 
a mining company; and he collects and reports to the 
Governor all statistics relating to mining in this State. 

98, The Commissioner of Fisheries is an officer ap- 
pointed by the Governor, serving two years. His dnties 
are to examine the various rivers, lakes, and streams of 
the State to learn whether, and how, they can be rendered 
more productive of fish. He also sees that the special 
statutes regarding fish are enforced. 

99, The Governor appoints a Commissioner of Forestry, 
who holds office two years. It is his duty to establish 
two experimental stations in forestry of not less than one 
hundred and sixty acres each, to hold public forestry 
meetings in different parts of the State, and to secure and 
disseminate all possible information as to the best methods 
of planting and growing forest-trees. The experimental 
stations are in Trego and Ford counties. 

100, The Inspector of Oils tests all petroleum oils 
offered for sale in this State, with a view to determining 
their purity and safety. He is appointed by the Gov- 
ernor, and holds office for two years. 

101, The Silk Commissioner is appointed by the Presi- 
dent and Secretary of the State Board of Agriculture, 
and holds office for two years. It is his duty to supervise 
the experiments made in silk-culture at the State Silk 
Station, at Peabody. 

102, The Governor appoints an Adjutant- General of 
the State Militia, whose office is at the capitol, and who has 
general supervision of the organization, equipment, drill, 
and active services of the militia. 



State Officers. 



103. Tlie Governor may appoint a SUde Agenty wlio 
prosecutes to a final decision, in the i)roper departments of 
the National Government, all disj)uted claims of the State 
against the United States. 

10 Jz, Conclusion. — State ofiicers are connected with 
greater trusts than those committed to lower officials, and 
are in charge of matters which interest larger circles of 
citizens. There is need, therefore, of more marked ability 
and of wider acquaintance with public affairs. While 
there is little or no difference of opinion as to the general 
management of the business of the State, there will always 
be some points of public policy on which men cannot agree. 
These are the foundations of political parties. Because of 
the very close relations existing between a State and the 
nation, and the constant possibility of very desirable re- 
sults depending on prompt and cordial co-operation and 
harmony between the Federal or National Government 
and the respective States, it has seemed proper that an 
effort should be made to have the State and National Gov- 
ernments under the control of the same party. Sometimes, 
however, local issues prevent this, and State and National 
affairs are left in very different hands. In times of peace 
there is no special danger in this ; it is even desirable that 
home interests should not be overshadowed by those of 
the nation. There is never a real conflict between the two 
unless there is a violent sectional feeling in the pursuit 
of selfish ends on the part of the State, or usurpation of 
power on the part of the National Government. The 
remedy for the first is found in the moral and intellectual 
uplifting of the great mass of the people ; for the second, 
in a more careful selection of our public servants. 



94 Local Government in Kansas. 

1^0 issue, national or local, should ever divert the atten- 
tion of the people from the one great aim of all political 
action — good government. 



THE LEGISLATURE.^ 

105* Prelude. — Kansas has the usual machinery for 
making laws — two legislative houses, called the House 
of Representatives and the Senate. Together they form 
the Legislature, and they are often spoken of as the Upper 
House and the Lower House. The number of members 
is regulated by law and conforms to the State Constitution, 
which provides that the number of Representatives shall 
never exceed one hundred and twenty-five, nor shall there 
be more than forty Senators. (See paragraph 48.) 

106, Representation, — Members are elected in what 
are known as Senatorial and Representative Districts, the 
boundaries of which are determined by the Legislature 
itself. One member only can be elected from each district; 
and the citizens of one district cannot vote for members in 
other districts. 

107' The Senatorial Districts are made by combining 
counties, except in the case of counties having unusually 
large populations, when the county is made the district. 
This is true of fifteen counties since 1886. 

108. The Representative Districts are made by com- 
bining townships, or wards of cities, or both. Each 

1 See Article 2 of State Constitution, page 147. 



The Legislature. 95 



organized county casting not less than two hundred and 
fifty votes at the general election next preceding the appor- 
tionment is entitled to at least one Representative. An 
organized county casting less than two hundred votes is 
attached to the county east of it, and forms part of such 
county, for purposes of representation. 

Except so far as population controls in a general way, 
there is no special rule governing the limits or boundaries 
of Legislative Districts ; except that each Representative 
District must lie wholly in the same county, and except 
also that the political party in power, when any new dis- 
tricts are to be made, or the boundaries of old ones changed, 
generally tries to make such divisions as will secure its 
majorities in district elections.^ 

109, QaaUficaUons, — No one is eligible to a seat in 
the Legislature unless at the time of his election he is a 
resident in the district for which he is elected, and is a 
qualified voter there. No member of Congress or officer 
of the LTnited States, and no one who has been convicted 
of embezzlement or of misuse of public funds, can sit in 
the Legislature. 

110, Term of Office, — Senators serve four years, and 
Representatives two. The elections of the former come 
in what are known as the presidential years, that is, the 
years in which Presidents of the United States are elected. 
Representatives are elected in each alternate year, in what 
are called the " even '' years. 

^ Tliis is especially trr.e when the State is to be divided into 
Congressional Districts. To divide a State in a way which is un- 
natural and unfair, for party purposes, is called ''gerrymandering." 



96 Local GovenDiient in Kansas. 

111, Sessions, — All sessions of the State Legislature 
are held at the State capital ; and all regular sessions are 
held once in two years, in the '' odd " years. The regular 
session opens on the second Tuesday in January. Each 
member is allowed three dollars for each day's actual 
service, and fifteen cents for each mile of necessary travel 
in going and returning ; but the total allowance for service 
cannot exceed one hundred and fifty dollars for each 
member. If the session lasts more than fifty days, there- 
fore, members sit without pay. In the same manner the 
Constitution makes provision for but thirty da^s in a 
special session. 

112, Regular sessions are held by virtue of the law, 
and need no call. A special session is called by tlie Gov- 
ernor, at his own discretion, and is sometimes known as 
a "called session." Joint sessions j in ^^'hich both houses 
unite and act as one, are held for the election of United 
States Senator, and may be held for other purposes by 
resolution of both houses. All sessions are open and 
public, unless special circumstances demand secrecy. 

113, Officers, — Each house elects its own officers; 
except that the Lieutenant-Governor is, by virtue of his 
office. President of the Senate. The Senate elects a Sec- 
retary and an Assistant Secretary. The presiding officer in 
the Lower House is called the Speaker. Among other 
officers and employees in each house are the Clerks, who 
have charge of all bills, resolutions, and other papers ; 
the Postmaster, wlio looks after the mail of each member ; 
the Sergeant-at-Arms, who preserves order, compels the 
attendance of absent members when so requested by the 
house, and is a sort of general executive officer; the 



The Legislature. 97 



DoorheeperSy who guard the entrance to the floor, or that 
part of the house occupied by members ; and the Pages, 
or the hids who wait on members while the house is in 
session. With the exception of the Speaker, all officers 
and employees must be chosen outside the membership of 
either house. 

in. Method of Business, — Either house is organized 
when members have taken the oath of office, and the 
Speaker and Chief Clerk have been chosen and have 
qualifled. Other officers are tlien elected. Committees 
are appointed by the presiding officer in each house, one 
for each general branch of business which will come 
before the Legislature ; as, the Ways and Means Commit- 
tee, to which are referred all appropriations and general 
expenditures ; the Committee on the Judiciary, on Rail- 
roads, on Corporations, on Education, and on Federal 
Relations. There are also Special Committees, which have 
some one subject entrusted to them ; the others being 
called Standing Committees, because they are at work on a 
given class of subjects during the entire session. When 
either house wishes a general discussion of any given 
topic, and a discussion carried on in a rather more 
informal way than usual, it frequently sits as a Committee 
of the Whole, under a Chairman selected for that occasion 
only. 

llo. Most changes in the statutes of the State, new 
laws, and special or personal acts, come before the house 
in the way of bills, petitions, or ^resolutions introduced by 
members. These are referred to the appropriate commit- 
tees, which examine carefully into the purpose, form, and 
general desirability of the proposed legislation. These 
7 



98 Local Government in Kansas. 

committees may call and examine witnesses, and may use 
any and every lawful method for securing information and 
prosecuting investigation. They can thus accomplish much 
which, by reason of the size and character of the house, 
could not be reached in any other way. 

116. From the committees, each bill comes back to 
the house in which it originated, for general consideration 
in the Committee of the Whole. This committee reports 
its action to the house, just as any other committee does. 
The house then accepts or amends the bill, and it is then 
engrossed (or written out carefully) for a third reading. 
Unless in case of emergency, each bill is read on three 
separate days in each house. This rale may be suspended 
by a two-thirds vote of the house while the bill is pending ; 
that is, after it has been introduced and is rmder discussion. 
But on its final passage every bill must, under all circum- 
stances, be read by sections. A majority of all the mem- 
bers elected to each house must vote in the affirmative in 
order to pass a bill. 

117' Having passed in the house in which it was first 
presented, the bill is sent to the other house for its con- 
sideration. Here it may be concurred in as received, or 
it may be defeated, or it may be amended and passed as 
amended. In the latter case it goes l)ack to the house in 
which it originated, to have the amendment concurred in 
or rejected. A '' lock in legislation '^ occurs when one 
house will not agree to action in which the other persists. 

118. Every bill passed by both houses is enrolled (copied 
carefully upon the official roll of legislative acts), signed 
by the Speaker and by the President of the Senate, and 
is then sent to the Governor. If he approves it, he signs 



The Legislature. 99 



it. If not, he sends it back to the Lower Honse with 
a statement of his objections to it. The bill and the 
obj(H'tions are then taken np and debated in each house 
by turn, and if passed in each by a two-thirds vote of all 
members elected it becomes a law. This is called over- 
riding a veto. If the Governor does not return a bill 
within three days (Sunday not counted) after it is pre- 
sented to him, it becomes a law, as though he had signed 
it. This rule has .one exception ; where the Legislature 
adjourns within three days, so that a bill cannot be re- 
turned, the bill fails. Sometimes, under this clause, the 
Governor withholds a bill till the Legislature adjourns. 
This is called a pocket veto. 

119. The Legislature prescribes the time when its acts 
shall go into force, and has them published as soon as 
possible. No law of a general nature is in force until it 
has been published in some newspaper lawfully designated 
for this purpose, or in a volume, under the direction of 
the Secretary of State. 

120. Conclusion The objects of legislation are almost 

without number, and are really limited only by the 
general welfare of the State in all sections and localities. 
Yet much is often attempted by the Legislature which 
should be left to individuals ; and there are many tempta- 
tions and opportunities to legislate either unwisely, in a 
])artisan way ; or viciously, in behalf of private interests. 
This creates in this department of government, as in all 
others, a demand for men of character as well as ability — 
perhaps, in certain senses, even more than ability. In- 
tegrity, intelligence, unselfishness — these are the prime 
characteristics of every wise and worthy legislator. It 



100 Local Government in I^ansas. 

may l^e added tliat when these requisites have been 
secured — not sooner — ])arty belief may properly influence 
the election of members ; but largely because the Legisla- 
ture in joint session elects the United States Senator, Avho 
has a voice in determining the policy and course of the 
nation. Below this point all issues are local only, even 
though at times corresponding quite closely to party lines. 



THE JUDICIARY. 



121. Orgcinization The State Constitution provides 

that the judicial power of the State shall be vested in a 
Supreme Court, District Courts, Probate Courts, Justices 
of the Peace, and such other courts inferior to the 
Supreme Court, as may be provided by law. Under this 
last clause have been established the Police Courts in cities, 
and in some of the most populous counties, Courts of 
Common Pleas, or Circuit Courts. 

122, The Supreme Court consists of one Chief Justice 
and two Associate Justices] who are elected by the voters 
in the State at large ; that is, without regard to any special 
district. The term of office is six years. They appoint 
a Clerh, who has charge of all the records and papers of 
the Court ; and a Reporter , who compiles and prepares for 
publication the decisions of the Court, with brief state- 
ments of the cases in which the decisions were rendered. 
There were three Supreme Court Commissioners, appointed 
by the Governor, from ]March, 1887, to ^larch, 1893, Avho 
assisted in the general work of the Court, as so many 



The Judiciarii. 101 



more Associate Justices. Their term expired in 1893. 
The Court meets at the State capitol on the first Tuesday 
in January and July of each year. Special and adjonrned 
terms are held as a majority of the Conrt may direct. 
The greater number of cases tried by this Conrt are those 
which come to it by appeal from lower Conrts. 

123. District Courts are held in what are known as the 
Judicial Districts. Of these there are thirty-five, created 
by the Legislature by combining certain counties. The 
statute also determines the times of holding the regular 
terms in each district.^ 

124. Each District Court has its own officers ; that is, 
the Judge, the Clerks (one for each county), and the Ste- 
nographer. The chief duties of the Judge are to preside 
at all sessions of his Court ; to hear and determine all 
cases submitted directly to him, and all questions of law 
in other cases; and to have general supervision of all 
cases submitted to a jury, as well as to instruct the jury 
as to questions of law arising in the same. The Clerk 
has charge of all papers and records of the Court, and is 
responsible for their safe keeping. He is elected by the 
voters in his county, and serves for two years. The 
Stenographer is appointed by the Judge, and at his dis- 
cretion, and makes full stenographic reports of all the 
proceedings in any given case. 

1 Court of Common Pleas of Sedgivick Covnty.— The work of the Dis- 
trict Court in this comity was so burdensome, and so much in arrears, 
that the Legislature of 1889 created a Court of Common Pleas, which 
should cease to exist on the 31st of December, 1891. The Judge was 
appointed by the Governo". The powers and methods of business 
were generally those of the District Court. At the session of 1891 a 
like Court was created for Wyandotte County, and one of similar 
powers, called the " Circuit Court," for Shawnee County. 



102 Local Government in Kansas. 

125, Probate Courts. — Each county has its Probate 
Court. This has care of the estates of deceased persons, 
of minors, of persons of unsound mind, of habitual 
drunkards, and of apprentices. The regular terms of 
this Court commence on the first Monday in January, 
April, July, and October of each year. As each term 
extends to the Saturday preceding the next regular term, 
the Court is really always in session. 

126, Board of Arbitration. — The District Court of 
each county, or a judge of such court (in vacation), has 
power, on presentation of petition signed by at least five 
Avorkmen and two firms of employers, all residing in the 
county, to appoint a tribunal for voluntary arbitration 
and settlement of disputes between employers and em- 
ployed in manufacturing, mechanical, mining, and other 
industries. The tribunal consists of two workmen and 
two employers and an umpire. When the parties agree 
to submit their difficulties to this Board of Arbitration^ 
its decision is final, unless ^' fraud, accident, or mistake" 
can be proved in connection with its conclusions. (See 
General Statutes of 1889, paragraphs 332 to 341.) 

It is hoped that this action will provide a method by 
which speedy and just settlements of such difficulties can 
be reached, and strikes, interference with business, and 
violence avoided. 

127* Trial by Jarij, — Trial by jury is recognized in the 
National Constitution, and in the Constitution of every 
State, as being one of the very best means by which to 
secure the liberties and rights of all citizens. There are 
two kinds of juries, — Grand and Petit. The Gixmd Jury 
consists of fifteen members, and twelve must unite in 



The Judiciary. 103 



presenting a bill of indictment. The sessions are secret, 
and are held for the purpose of inquiring into crimes and 
determining the evidence concerning suspected criminals. 
If circumstances are such as to warrant the jury in believ- 
ing that an accused person ought to be tried, it finds what 
is called a true bill against him, and he is then brought into 
court for the usual trial. Unless a true bill is found, no 
further proceedings are taken. In this State the Grand 
Jury is called by an order of the Judge of the District 
Court, issued at the request of one hundred tax-payers 
of any county. 

128. The Constitution of the State provides that in 
all prosecutions the accused shall have a speedy and 
])ublic trial by an impartial jury of the county or dis- 
trict in which the offense is said to have been committed. 
In nearly all civil cases, also, a jury trial may be had 
on demand. Great care is taken in the statute to secure 
only men of " fair character and approved integrity.'^ 
It is made the duty of the Trustee of each township, 
and of the Mayor of each city, to make during April 
of each year a list of such persons to serve as jurors 
for the ensuing year. In each organized county having a 
population of thirty thousand and upward, the Governor 
appoints three Jury Commissioners, whose term of office 
is two years, and whose duty it is to make up the list of 
names from which the juries shall be drawn. These take 
the place of the Trustees and Mayors. These lists are 
sent to the County Clerk, who writes the names on sepa- 
rate pieces of paper and puts them all in a box. Then, 
with two Justices and the Sheriff as \\'itnesses, he draws 
the names of from twelve to thirty-six persons, as the 



104 Local Govemuient in Kansas. 

Court may order. Twelve of these form a Petit Jari/j 
and determine all questions of fact that come up during 
a trial. Their verdict must be unanimous ; though it 
might be ])etter to amend the Constitution so as to permit, 
say, three-fourths to decide. 

129, Juries in Justices' Courts, when called for, are 
made up by the Justice writing the names of eighteen 
citizens of the county ; from which list the parties to 
the suit strike out each one name, alternately, till but 
six remain — which constitute the jury in civil cases. This 
jury determines questions both of law and of fact. (See 
paragraph 27.) 

130, All jurors are summoned by the SlierifF or proper 
officers of the Court. ^ 

131, Conclusion. — It has been said that no nation has 
long survived the corruption of its courts. The judge 
should be above suspicion ; the jury should be competent, 
honest, fearless. No high-minded citizen will be content 
with any result of our judicial system other than the most 
exact and impartial justice. When justice is bought and 
sold it is no longer justice, and the end is very near. 

1 The statutes exempt certain jjersons from jury service, declare 
others to he debarred from such service, and permit the parties to a 
case to challenge ; but this belongs more properly to the jiractice of 
the law. 



Taxation. 105 



TAXATION. 

132. Prelude, — The State, the Government, is sini])ly 
the agent of the people, and an agent whose necessary 
expenses must be paid. Often this agent is called on to 
make certain expenditures in behalf of its principal — 
the people ; and the latter must in some way pay the 
bills. The method of raising the amount necessary to 
meet these expenditures and expenses is called Taxation^ 
and the amounts themselves are called Taxes. 

As the only legal ground on which any tax can be 
collected by the Government — whether it be that of the 
Nation, of the State, of the County, of the Township, or 
of the School District — is, that it has rendered, or promises 
to render, a service which is fully equivalent to the amount 
collected ; in other words, that we are to receive all we 
pay for — it follows that A\'e should examine very closely 
the entire proceedings of assessing, levying, and collecting, 
in order that we may know that our money is properly 
taken and judiciously expended. 

133. Four Canons. — There are four rules, or canons, 
which are admitted by every one to control all wise tax- 
ation. These are : 

1. Citizens should pay taxes in proportion to their 
ability to pay. 

2. The tax which each must pay should be determined 
by some fixed rule which applies to all, and should not 
be arbitrary ; and the time of payment, the manner of 
payment, and the amount to be paid, should be perfectly 
clear and plain to the one who pays, and to every one else. 

3. The tax should become due, as nearly as possible, at 



106 



Local Government in Kansas. 



the time and in the manner in which it will most likely 
be convenient for the great mass of citizens to pay. 

4. The tax should be so raised as to ensure the least 
cost of collectiou ; it should be collected as short a time 
as possible before really needed ; and there should be 
very little surplus. 

134. Kinds of Taxes.^ — Every one pays at least one 
tax, and most people pay several taxes. These are levied 
for different purposes, and by different officers. Of some 
of these we have already spoken, but it will be well to 
bring them all together for review. 

Every male person who has been thirty days in this 
State, and who is between the ages of twenty-one and 
forty-five, is liable to a Road Tax. This consists of two 
days' work on the road, under the Road Overseer ; but 
actual labor may be avoided by paying a dollar and a 
half for each day. For the purposes of this tax every 
city is a Road District. This tax is levied by a general 
statute. 

1 The following table has been prepared to indicate briefly the 
general classes of taxation to which citizens are subject : 



Kind of Tax. 



National . . 

state . . . 
County . . 
Township . 
School District 
City , . . 



Amount 
Determined bv 



Congress, 

Legislature. 

County Board Comm's. 

Direct vote of citi/.ens. 

Common Council. 



Levied on 



[ Imported goods. 
j Tobacco, liquors, 
1 and dealers in to- 
[ bacco and liquors, 
f Real estate and per- 
1 sonal property, 
f Real estate and per- 
sonal property. 
Real estate and per- 
sonal property. 
Real estate and per- 
sonal property. 
Real estate and per- 
sonal property. 



Paid to 



f Customs officers; 
) and in enhanced 
I prices. 

t District collectors. 
County Treasurer.2 

County Treasurer. 

County Treasurer. 

County Treasurer. 

County Treasurer. 



•■2 The county system prevails within tlie limits of government surveys. The 
parish system of the South is somewhat analogous to ihis. fne township sy.steni 
gives the utmost local freedom, and belongs to New England and the Eastern 
States [generally]. 



Taxation. 107 



135, The statute gives cities of the second and of the 
tliird class the right to levy a Poll Tax, or a tax on each 
head, of not to exceed one dollar, on all male citizens 
between the aoes of twentv-onc and lift v. In cities of 
the third class this tax is collected by the City Treasurer. 

136. All cities may also levy what is called an Occu- 
IKition Tax ; that is, a tax on a man's business as such, 
\\'ithout much regard to the amount of business he does. 
This is paid to the City Treasurer. 

137' In all cities there are special taxes, sometimes 
called Improvement Taxes, or Assessments; such as taxes 
for sidewalks or sewers or pavements. These generally 
fall on the property nearest the improvement, and are paid 
to the County Treasurer. 

13S, But nearly all other taxes fall on such real and 
personal property^ as is not exempt by law,- and are 
paid to the County Treasurer. These are : 

The District Tax, which is voted for school purposes 
by the citizens of each School District. 

The TonmsJilp Tax, which is levied for bridge repairs, 
culverts, and similar purposes, or to pay township bonds 
or the interest on them. 

Tlie County Tax, which is levied by the County Board of 
Commissioners for the general expenses of the connty gov- 

^ Real property is laud, buildings aud other improvements, mines, 
and quarries. Personal property is everything other than real prop- 
erty ; such as money, notes, bonds, mortgages, farm stock, and mova- 
ble property in general. 

2 Such as churches, school-houses, cemeteries, public libraries, 
public property of all kinds, aud personal property to the amount 
of ^200 for each family. 



108 Local Government in Juinsas. 

ernmcut ; such as salaries of officials, buildings, bridges, 
aud other couuty matters. 

All ordinary C% Tccxes, which are determined by the 
Mayor and Council. 

The State Tclx, which is levied by the Legislature to 
meet the ordinary expenses of State government, and to 
su])port State institutions of every kind. 

139, The System — The Township Trustee is, by virtue 
of his office, the Township Assessor. In cities of the first 
and of the second class, the Mayor and Council appoint a 
C% Assessor. In cities of the hrst class the Assessor holds 
office for two years ; in the second class, for one year. 

The Assessor first makes a list of all the real estate 
witliin his township or city, with the taxable value of 
the same (determined l)y himself), and the names of the 
owners of the different tracts. He then secures, through 
the owners, on blanks prepared for that purpose, lists 
of all taxable personal property, to wliich he affixes tlie 
value. These lists are given to the County Clerk, who 
enters them on ^vhat are known as the Tax- Rolls. 

140, On the first Monday of June of each year, tlic 
Board of County Commissioners meet as a Board of 
Equalization. The County Clerk i)resents the tax-rolls. 
Any person feeling that he is unduly assessed may ap- 
])ear before the Board and i)resent his case ; the Board 
having power to correct all errors and to right all wrongs 
that may be proved to exist. They can also use tlieir 
discretion in certain matters, even though no complaint 
is made ; as, where any lands in the county seem to be 
assessed too high or too low, compared with the average 



Taxation. 109 



valuation of similar property tlirougli the entire county. 
After the rolls have been equalized, a copy is sent to the 
State Auditor. 

141. On the second Wednesday of July in each year, 
the Secretary of State, State Auditor, and State Treas- 
urer meet at the Capitol as a State Board of Equalization. 
They act for the whole State, as the County Board does 
for the county ; only now it is cities or counties appearing 
aud complaining, instead of individuals. The rolls thus 
corrected are sent back to the respective County Clerks ; 
and with each goes a statement of how much of the State 
tax must be paid by that county. 

142, The County Commissioners, the Mayor and Coun- 
cil of any city, the Township Trustee, the School District 
Board, and the Board of Education of any city, then 
notify the County Clerk of the per cent, which each is 
authorized to raise for that year. The Clerk enters these, 
aud the per cent, necessary to raise the State tax, on the 
rolls. Immediately after tlie first day of August he com- 
putes the amounts which each person taxed must pay. 
He must finish the rolls by the first day of November. 

On that day all taxes become a legal charge upon the 
land taxed, and remain so until they are paid. The rolls 
pass into the hands of the County Treasurer, and pay- 
ment must be made at his office. A person may j^ay the 
whole amount of liis taxes on or before December 20t]i, 
in each year ; in Avliich case he is entitled to a reduction 
of five per cent, on one-half tlic amount paid. Or he 
may pay half his tax on or before December 20t]i, and 
half on or before Juue 20th — subject to a penalty of five 
per cent, in case of failure, 



110 Local Government in Kansas. 

If personal taxes are not paid, the Treasurer issues a 
warrant directed to the Sheriif, commanding him to seize 
the personal property of the person not paying, and sell it 
to pay taxes and expense of collection. 

If real estate taxes are not paid, the land is adver- 
tised and sold by the County Treasurer, in September 
after the taxes first become due. If there are no bidders 
it goes to the county. Any land so sold may be re- 
deemed at any time within three years from the date of 
the sale, by the owner's paying all taxes and costs and 
interest on all of these at the rate of fifteen per cent, per 
annum. 

143. Conclusion. — As it is really the local government 
that does most for us, it should be the local government 
that raises the largest taxes. The county and district 
taxes, or the county and city taxes, are always much higher 
than those of the State. If this is not true, the matter 
needs attention. 

All local taxation is under our very eyes and should be 
carefully watched and wisely criticised. The best rule 
for laying and collecting taxes is that they should be a 
good investment. The money ought to bring us more 
tlian we could get by expending it for the same purpose 
in any other way. If nothing is gained by establishing a 
common fund, a common treasury, then, in this at least, 
government is an expensive luxury or a mere farce. 

Here, again, we see reason for great care in the selec- 
tion of officers. The assessors, and all other officials 
connected with taxation, have great power and great 
responsibility ; and, thougli we have established several 
checks on misdoing and ignorance, intelligence, ability, 



Higher Education. Ill 



and, above all, character , are prime factors in any success- 
ful solution of the problem, ^' How shall the revenues of 
our government be raised?'' 

Another thought. He who withholds his share of a 
tax, by any means, throws an unjust burden on his 
neighbors, and is guilty of a great social wrong. Sup- 
pose the total tax required in a township owned by A and 
B is $400. If A and B have each the same amount of 
property, each should pay the same tax — $200. If A 
"swears down'' his assessment, or "makes friends with 
the assessor," or secretes half his property, then not only 
will he pay $100 less than he ought to pay, but B will 
pay $100 more than is just; for the $400 tax must be 
collected. This illustrates what happens when any citizen 
evades a just tax. He robs every other person in the 
community — there is no other word for it. All good 
citizens should unite in a determined effort to put an end 
to this kind of dishonesty. 



HIGHER EDUCATION. 

144: In addition to the District Schools the State 
makes provision for higlier education, as follows : 

145, Graded Schools These may be established 

whenever the people of two or more districts wish to 
unite for this purpose. This is determined by a major- 
ity vote of the citizens of each district; and at a joint 
meeting they proceed to elect officers for the Union Dldrict, 



112 Local Goveriwient in Kansas. 

and conduct all school business thereafter as though it 
were but a single district. 

146. High Schools. — These are encouraged by the 
Constitution, and are intended to furnish somewhat ad- 
vanced education to those who for any reason cannot 
attend institutions of higher learning. They also give 
suitable preparation to those who can attend. As thus 
far established, they are very generally departments of 
graded or city schools, and are under the same general 
management. 

147 Cininfij HUjh Schools. — Each county having a 
population ol' six thousand inhabitants or over may estab- 
lish a County High School. The County Commissioners, 
on petition of one-third of the electors of the county, or 
at their own discretion, give notice twenty days before a 
general election (or before a special election called for 
this purpose) that they will submit to the electors the 
question of the establishment of a County High School 
at a given place. When established, the School is under 
the charge of a board of six Trustees, two of Avhom are 
elected from the county at large each year. The term 
of office is three years. The County Superintendent is 
ex-offido president of the board. 

Three courses of study are provided : a General Course, 
a Normal Coarse, and a Collegiate Course. The General 
Course is designed for those who cannot continue school- 
life after leaving the High School. The Normal Course 
is designed for those who intend to become teachers, and 
fully prepares tliose who wish to take u}) the first year 
of professional work at the State Normal School. The 
Collegiate Course fully prepares for the Freshman Class 



Higher Education. 113 



of the State University, of the State Agricultural Col- 
lege, or of auy other iustitutiou of higher learning in 
the State. Tuition is free to all pupils residing in the 
county. Only those who have completed the work in 
the District Schools of the county can attend. 

The design of the law is to furnish advantages for 
such thorough instruction as can be secured in the well- 
known academies of older States. 

14S, Normal Schools — Provision is made for these 
in the Constitution. Thus far the State has but one, 
that at Emporia. The government is in the hands of 
a Board of Regents, six in number, appointed by the 
Governor and confirmed by the Senate. Its revenues 
are from a grant of land comprising the six sections 
adjoining, or as contiguous as may be, to each salt spring 
in the State (not exceeding twelve springs in all), not 
including the sections on which the springs are located. 
In addition to this, it may receive appropriations from 
the Legislature.^ 

149. The Agricultural ColUfje This is located at 

Manhattan, and is endowed, under an act of Congress 
establishing colleges " to teach such branches of learning 
as are related to agriculture and the mechanic arts," 



*The State provides for further normal work in County Normal 
Institutes. These are established under the general supervision of 
the County Superintendent of Public Instruction. They are held in 
the summer, and run from four to eight weeks. Each has a Con- 
ductor, who has general control of the Institute and is the leading 
instructor; and several Instructors, who teach specific branches. 
These Institutes are intended to teach teachers how to teach. Each 
person attending pays a small fee; and the State and county aid in 
meeting the necessary exj^enses of instruction not covered by these 
receipts. 



114 Local Government in Kansas. 

with the proceeds of the sale of nearly ninety thousand 
acres of land, over $500,000. Buildings and general ap- 
paratus are provided by the State appropriations. It has 
a general course of study in English, mathematics, and 
the sciences, with special adaptation to the various in- 
dustries of the State, training in which is provided upon 
the farm and in the shops connected Avith the college. 
Military science and tactics are taught, as required by 
law of CouGfress. Tuition is free. 



150. The State University. — This is located at Law- 
rence, and represents the highest form of general culture 
under the patronage of the State. Its endowment con- 
sists of the proceeds of the sale of seventy-two sections 
of land granted by Congress, to the returns from which 
are added regular Legislative grants. Its departments 
are : a department of the literatures; a department of the 
sciences ; and a department of the arts. Tuition is free. 

The management of these last two institutions is pro- 
vided for in much the same way as that of the State Nor- 
mal School. The regents of each educational institution 
receive compensation for their services while actually 
engaged, and an allowance for traveling expenses. 

151. Conclusion The fact should never be forgotten 

that these three institutions are just as much a part of 
the school system of the State as are the common schools. 
No system of education is at all complete which stops 
with the mere rudiments of learning. Indeed, if we com- 
pare the studies of the common schools with most of 
the studies in higher courses, the latter will be found to 
l)e more practical, and to aid more directly in building 
up strong and wise citizens. Thoughtful parents will 



Benevolent and Penal Instltatlons. IL 



make many sacrifices, if necessary, to secure these benefits 
for their chiklren. Young men and young women wlio 
desire to do good work wherever their lines of life may 
fall, should put forth every effort to place themselves 
under these beneficent influences. The State, recognizing 
the rich returns from such investments, should see that 
every facility is afforded each institution for doing the 
best possible work in its own chosen field. 



BENEVOLENT AND PENAL INSTITUTIONS. 

152. Fr elude. — There is, perhaps, no surer proof of 
advanced and advancing civilization than the manner in 
which society cares for the defective — the imperfect — 
classes, and administers lawful punishment to evil-doers. 
Every one recognizes that age, infirmity, and misfortune 
may and do create claims upon both the sympathy and 
the aid of society; Avhile the very name, penitentiary, 
indicates clearly that Ave have wisely established a place 
where law-breakers — presumably penitent — shall be pun- 
ished and, that which Ave so often forget, reformed. 

153. Four Classes. — There are four great classes which 
need the almost constant care of society : (1) the de- 
fective ; (2) paupers ; (3) vagabonds ; (4) criminals. 

151, First Class. — The defective include the insane, 

the blind, the deaf and dumb, and the feeble-minded (or 

idiotic). For all these our State makes ample provision. 

The insane are divided into two chisses, — those needing 

only general care and oversight, and those needing special 



116 Local Government in Kansas. 

trcatnioot. For the first, tlie la^v provides guardianship. 
This is secured through the Probate Court, which has 
special jurisdiction in all such cases. Information of tlie 
insanity is duly given, and a jury of six persons, one of 
wlioni must be a physician in regular practice and of good 
standing, hears the facts in the case and determines the 
condition of the person. If the Court thinks it un- 
necessary to send the person to an asylum, the Probate 
Judge appoints a guardian, who must give bonds, and 
who is entrusted Avith all the property and business of 
the lunatic. This guardian acts very largely under the 
advice and control of the Probate Judge, and may be 
removed by the latter for neglecting business or for dis- 
obeying any order of the Court. Probably no better way 
could be devised for protecting all the interests of a per- 
son of unsound mind. Yet the opportunities for fraud 
on the part of both the guardian and the Court are very 
many; and the very helplessness of the lunatic should in- 
crease the care with which we select our Probate Judges. 

If the Judge thinks the person needs special treatment, 
he applies to the Superintendent of one of the State In- 
sane Asylums for tlie admission of the lunatic, wliich is 
granted whenever there is room for such patient. Of 
these asylums Kansas has two, one at Osawatomie, tlie 
other at Topeka. The buildings are erected at public 
expense, and a large share of the cost of maintaining the 
institutions is borne by the State treasury.. AVhenever 
the patient has means sufficient for his own support and 
that of his family (if he has one), the Probate Court 
orders the guardian to pay for his maintenance at the 
asylum. If he is not able to support himself and his 



Benevolent <tn.<l Penal Inst'didiona. 117 

family (if he has one), or if he is a minor and his family 
is not able to support him, the county iu Avhich he resides 
is made responsible for his maintenance Avliile under 
treatment. If restored to health, he is at once restored 
to liberty as well, and to full control of his property. 

155, The Asylum for the Blind, or, as it is now called, 
the Kansas Institution for the Education of the Blind, 
is situated at Wyandotte. It is in charge of a Superin- 
tendent, with the usual teachers. As far as possible, the 
family or friends of the blind pupils contribute towards 
their support. Failing in this, however, the Overseer 
of the Poor in the township in which the pupil resides 
makes due provision from public funds for his care and 
instruction. Besides general scliooling, the pupils are 
taught some useful trade or calling. 

156, The Institution for the Education of the Deaf and 
Dumb is located at Olathe. In general management, regu- 
lation, and instruction, it is very similar to the Asylum 
for the Blind. 

This is also true of the Asylum for the Feehle-Minded, 
located at Winfield. 

157* Second Class, — Paupers are those who are un- 
able to supply themselves with the necessaries of life, 
and are compelled to ask either for entire sui)port or for 
aid. The statute requires each county to support its own 
poor, and makes the Township Trustees and tlie ]Mayor 
and Council of eacli city Overseers of the Poor, These 
Overseers examine all cases reported to them, and de- 
termine the amount of relief needed and in what way 
it shall be granted. Several plans are followed. Some- 



lis Local Government in Kanscis. 

times aid is given directly to the persons in need. In 
certain cases others are paid the reasonable cost of caring 
for the panper. Children of panpers may be bonnd ont 
by the Overseers ; that is, may be compelled to enter the 
service of others, working as far as possible for their own 
support. Most counties own what is known as a Poor- 
house or Poor-farm, where, under a Superintendent, the 
poor are cared for and the farm Avorked in their behalf — 
the paupers performing as much labor as possible. 

158. The sul)ject of the treatment and care of the poor 
does not receive as much nor as intelligent attention as it 
deserves. There is a wide cliiference between the worthy 
poor and those who are made paupers by their own idle- 
ness or viciousness. How to separate these ; what shall be 
the plan for assisting each ; how to make the receiving of 
aid sufficiently disgraceful and unsatisfactory to prevent an 
increase of paupers, and, at the same time, avoid neglect- 
ing those who really deserve assistance; how to prevent 
the terribly demoralizing eifects of herding all classes and 
sexes together, as is only too common in some of our 
poor-houses; how best to help both classes help them- 
selves; how to lessen poverty, — these are questions to 
which every citizen should give most careful thought. 

In tliis connection should be noted one specific pro- 
vision of tlie statutes. In case of the death of an ex- 
Union soldier, sailor, or marine, Avithout leaving means 
sufficient to defray the funeral expenses, the Township 
Trustee, or some other person appointed by the County 
Commissioners, is authorized to see that the body is de- 
cently buried (the expense not to exceed $50) and the 
grave marked by a suitable headstone, not to cost more 
than $20. 



Benevolent and Penal Institutions. 119 

ISO. The Soldiers' Orphans'' Home is in charge of the 
Trustees of State Charities, and provides for the educa- 
tion and maintenance of all poor children between the 
ages of two and fourteen years, preference being given to 
children of disabled ex-Union soldiers or sailors, or of 
tliose who have died poor. The children cannot be kept 
at the Home after they are sixteen years old. This in- 
stitution is located at Atchison. 

These expressions of gratitude to the men wlio per- 
petuated the Union are among the most worthy we have 
placed in our laws. 

160, The ^i^. Vincent Orphan Asylum, at Leavenworth, 
receives orphan, destitute, and friendless children, and 
secures homes for them ; binding them out or apprenticing 
them wlienever it may seem desirable, but never longer 
than until they come of age. It is not under the control 
of the State, but is aided by Legislative appropriations. 

161, Third Class, — Vagabonds are those who wander 
about from place to place, or loiter around any given 
place, \yithout any occupation or any visible means of 
support. The statute of Kansas calls them vagrants 
under certain circumstances,^ and inflicts either fine or 
imprisonment. As every county is presumed to care for 
its own deserving p<^or, vagabondage is thought to indi- 
cate willful and vicious neglect of self-support, and tliere- 
fore the law strikes sharply at such offenders. 

162, Fourth Class. — Criminals, under the statute, are 
those guilty of any violation of law. Acts or omissions 

1 When found in drinking-saloons, or gambling-liouses, or other 
places of ill repute, or, if able-bodied married men, when neglecting 
the support of their families. 



120 Local Government in Kcm^^cis. 

for which the laws of this State inflict punishment are 
called Public Offenses. Of these there are two classes: 
Felonies, or oifenses punished by deatli or by confinement 
at hard labor in the penitentiary; 3Iisdemeanors, a name 
applied to all offenses Avhich are not felonies.^ The places 
for detention and punishment are the city prisons, the 
county jails, the State penitentiary, the reform school, and 
the State reformatory. 

163, City prisons are under the control of the city 
authorities, and are occupied only by those violating the 
city ordinances. Cities of the second and of the third 
class are permitted by law to use the county jail as a city 
prison if they so desire. 

164, A County jail is provided by caeli county organ- 
ized for judicial purposes. It is built at the county-seat, 
and is inspected by the County Judge and the County 
Attorney at each term of court. The Sheriff has charge 
of the jail and of the prisoners, and supplies the latter 
with all necessaries. The occupants of a county jail are 
those awaiting trial, those imdergoiug punishment, and 
those awaiting transfer to the penitentiary. 

165, The statute recognizes, and endeavors to guard 
against, the dangers of association and of crowding. It 
declares that all prisoners shall be treated with humanity, 
and in a manner calculated to promote their reforma- 
tion. If tlie jail will admit tliis, tlie younger prisoners 

1 The statute also spealcs of infamous crimes^ wliicli name is applied 
to the most atrocious or offensive felonies. All persons convicted 
of felonies are declared disqualified, or rendered incompetent, to be 
jurors, or to vote, or to hold office, unless restored to civil rights by 
pardon. Offenses against city ordinances are neither misdemeanors 
nor felonies. 



Benevolent and Penal Institutions. 121 

are kept separate from more experienced and hardened 
criminals. Women are given separate rooms. Parents 
and friends who desire to exert a moral inflnence over 
the offenders are permitted to visit them at all reasonable 
times. A Bible or Testament is given to each prisoner, 
and ministers of the gospel can converse with them at any 
proper season. 

Notwithstanding all tliis, it is to be feared that the 
inflnence of the greater number of our city prisons and 
county jails is simply terrible. No regular labor is ex- 
acted of the prisoners, and idleness and association with 
others of his own class must be very demoralizing to 
every man within the walls. Very few jails are large 
enough to meet fully the demands made on their space, 
and almost none are well ventilated. The sexes are not 
often separated during the day, nor always even at night; 
hardened criminals and children are often thrown to- 
gether; there is no employment for either mind or body. 
Competent inspectors, in various States, say emphatically, 
" I7ie common county jails are the common schools of crime 
and vice.^^ Common humanity, common decency, a due 
regard for common public safety, unite in demanding that 
good citizens shall study this question with the greatest 
care, and bring to bear upon it all the results of the 
widest and most accurate investigation. 

166, The Penitentiary is situated at Lansing, near 
Leavenworth. The general management is in the hands 
of three Directors^ appointed by the Governor. Each 
Director holds office three years. The officers directly 
in charge are a Warden^ who is the ])rincipal keeper, and 
must reside at the penitentiary; a Clerk^ a Physician and 



122 Local Govcrmiicni in Kdunas. 

Surgeon, a Chaplain, a Deputy Warrlen, such Assistant 
Keepers as the warden and tlie directors may deem neces- 
sary, and an Architect, who is superintendent of the con- 
struction of the buildings and walls. Of these, the first 
and the last are appointed by the Governor; the others, 
by the directors. 

The punishment at the penitentiary includes the hard 
labor exacted of every convict, the absolute silence which 
he is compelled to maintain, and the fact that, though 
working with others, he is really alone, because of nothing 
but physical companionship. To this was once added 
hard fare ; but at present the diet, in quantity and quality, 
is rather better than that to which the average prisoner is 
accustomed before conviction. As a means of occasional 
and special punishment, however, scanty fare is still used. 

167. Kansas employs its convicts in two ways: directly 
for the State, as in mining coal at the penitentiary shaft, 
or in various kinds of labor about the institution itself; 
or by hiring the convicts on contracts to those who will 
use them in some industry carried on inside the prison 
Avails. In this way the prisoners are kept busy, have an 
opportunity of earning something for themselves, and can 
make the institution in a measure, if not entirely, self- 
supporting. The women, always quite few in number, 
are confined in separate quarters, and employed in work 
connected directly with the institution. 

Effort is put forth in several directions to reform the 
convicts. The statute requires that three hundred dollars 
shall be spent each year for books for their use. The 
chaplain is expected to do a great deal towards instruct- 
ing them and guiding them to a better life. They are 



Benevolmt and Penal Institutions. 123 



taught some useful trade, Avhicli they may f()lh)w when 
they are again free. A small percentage of their wages is 
laid aside to be given them wlien they are discharged; 
which savings may be forfeited by bad conduct. Good 
conduct entitles a convict to a deduction of three days 
i)cr month for the first year, six days i)cr month for the 
second year, and eight days per month for each year 
thereafter. All these measures tend to encoura2:e the 
prisoner to reform and to prepare for a better use of his 
freedom Avhen it comes. It is gratifying to know that 
they are successful in the greater number of cases. 

16 S. The State Reform School is near Topeka, on a 
farm of a hundred and sixty acres. It is under the 
general oversight of the State Board of Trustees of Char- 
itable Institutions ; and in special charge of a Supenn- 
tendent, Matron^ and other and usual officers and teachers. 
Boys under sixteen years of age whose sentence renders 
them liable to imprisonment, or who lead a vagrant life 
and cannot be controlled by parents or guardians, may 
be sent to this school. There they remain till they are 
twenty-one years of age, unk'ss discharged or bound as 
apprentices. They are given general instruction, are 
taught to labor, and are placed under all influences that 
the State can control which may lead to reform. 

The State Industrial School for Girls is located at Be- 
loit. Its purposes and management are similar to those 
of the State Keform School. 

These schools are an outgrowth of the feeling already 
referred to, that young offenders should not be confined 
with more experienced and hardened criminals. 

109, A ^^ State Refomwctory^^ was located at Hutchin- 



124 Local Government in Kansas. 



son, intended for male convicts between the ages of sixteen 
and twenty-five years, not known to have been sentenced 
to State's prison, in this State or elsewhere. The building 
is not yet completed nor occupied, but it is hoped that 
the Legislature will authorize its completion soon. The 
law provides that the managers may use either farm work 
or meclianical industry as part of the means for securing 
good habits and a better life. The general management 
is to be much like that of the penitentiary. 

170. Conclusion, — We have learned much during the 
last half-century about the proper and Avise treatment 
of criminals; but the great problem for all good citizens 
to aid in solving is, how to lessen or prevent crime. Un- 
doubtedly a proper study of this question will show us 
that the only method is to go right into the families of 
the vicious, and separate children, at an early age, from 
criminal parents ; placing them under influences that tend 
to honest and industrious lives. Just how this can best 
be done, if at all, is J^t to be determined. 



LAND SURVEYS. 



17 1» Prelude, — The National Government has adopt- 
ed a system of surveying the public lands which touches 
the e very-day life of all citizens so closely as to deserve 
some explanation. In tliis State, as in all Western 
States, nearly all land outside of cities is described (or 
bounded) and bought and sold according to this public 
or Government Survey. Every resident, therefore, should 



Land Surveys, 125 



know something of the system, and of tlie meaning of 
tlie terms used in connection with it. 

172, I*t''uiclp(il Meridian, — Choosing some natural 
and permanent point, as the junction of two rivers or a 
solitary hill or mountain, tlie surveyors run a line north 
or south from this point, called the initial point. This 
line is called the principal meridian. In the Govern- 
ment system, the first of these is the Avestern boundary 
of Ohio. The sixth is the meridian for Kansas; and is 
the west line of Washington, Clay, Dickinson, and Marion 
counties. 

173, Base Line, — Crossing the principal meridian 
at right angles, that is, running east and west, is a line 
knoA\ n as the base line. The base line for Kansas is the 
northern boundary of the State. 

171:* Baiif/e Lines, — Six miles east of the principal 
meridian another north and south line is run; and six 
miles east of that, another; and so on. Similar lines are 
run on the west of the principal meridian. These are 
called range lines. 

175, Township Lines, — Six miles north of the base 
line another east and west line is run ; and six miles north 
of that, another; and so on. Similar lines are run on 
the south of the base line. These are called township 



170. Townships, — The crossing of the east and Avest 
lines with the north and south lines divides the country 
surveyed into toionships. These would be exactly six 
mi^s square but for the fact that, because of the shape of 
the earth, all the north and south lines would meet at the 



126 



Local Government in Kansas, 



pole, and Iicdcc come nearer togetlier as they approach that 
point. This is called the convergence of the meridians. 

17 7 » Correction Lines. — To correct this, and to make 
the townships as nearly as possible eqnal in size, every 
fifth parallel from the base is called a standard par(d(el, 
or a correction line. On tliis line the snrveyor once more 
measures the exact distance between the north and soutli 
lines, placing them just six miles apart. 

17 S. The entire system is show^n in the following 
diagrams : 

Fig. 1. 

876 5 4321P1234567 

















5 






A 
























4 






























3 






























2 






























1 




























"H 




1 
















- 








i D 








c 












3 
4 
5 































6 






























7 






























8 

















In Figure 1, P^I = the principal meridian ; BL = the base line. 

The description of A would he written T. 5 K., R. 3 E ; and would 
mean the township in the fifth tier north of the base line, and in the 
third range of townships east of the principal meridian. So D Avould 
be T. 2 S., R. 6 E.; and C would be T. 4 S., K. 7 W. 

In Kansas there are twonty-five east rarif/es, and forty-three ivest 
ranges. There are thirty- five rows of townships, all of which are 
"south," as the base line coincides with the north line of the State. 



Land Surveys, 



127 



Fig. 2. 
111111 



1 P 



I 'r I It It 


I 


r 


[ 


2 2 

\\\ 


2 


2 


2 


2 


2 




r r r 


r 


r 


r 


r 


r 





In Figure 2, PM = the principal meridian ; BL = tlie base line ; CL 
= the correction line ; rl= the range lines ; 1-2 = the range lines as 
corrected. The distance between the corners which have been run 
(or determined by the range lines) and the corners found by exact 
measurement from the principal meridian on the correction line in- 
creases as one goes from the principal meridian ; varj'ing from a few 
rods near the meridian to about a mile on the west side of the State. 

179, Sections, — Each township is divided into square 
miles, containing six hundred and forty acres, and called 
.sections. Each regular township has thirty-six of these 
sections, which are known by their numbers. Beginning 
at the north-east corner of the township, the numbers 
run west — 1 , 2, 3, 4, 5, 6 ; then east on tlie next lower 
tier, 7, 8, 9, etc. ; then west again ; and so on. 



128 



Local Government in Kansas. 



Each sectiou is divided into four quarter sections; each 
quarter section into two half-quarter sections; and each 
half-quarter section into two quarter -qiLarter sections. 
These are called legal dicisions, and are the only divisions 
recognized by the government. The following diagrams 
will explain these divisions : 

Fig. 1. 

T. 5 S., R. 4 E. 



6 


5 


4 


3 


2 


1 


1 


8 


9 


10 


11 


12 


18 


17 


16 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


36 



Figure 1 shows the method of numbering sections. Figure 2 shows 
the divisions of sections. The square A would be the south-west quar- 
ter of Section 16 ; or, as it is generally written, SW*, Sec. 16. B would 
be described as NW* of NW*. Sec. 16 ; C would be W^ of NE*, Sec. 16 ; 
and so on.* 

It must be remembered that navigable rivers, lakes, 
and similar natural obstructions may prevent entire regu- 
larity in surveys or equality in townships or sections. 



1 Scholars should use the blackboard frequently, platting from 
given descriptions and describing given plats. 



Land Surveys. 



129 



Fig. 2. 
Section 16. 



B 

40 




40 


c 

80 




80 








40 




40 
















80 




A 
16 


L 























80 



Title to land must begin with a deed, called a patent^ 
from the United States ; or from the State, as in the case 
of school lands. 



NATIONAL AFFAIRS. 

ISO, While not strictly connected with local govern- 
ment, there are certain officers and organizations in which 
we have a peculiar local interest. 

First might be mentioned the Presidential Electors. 
Of these the State is entitled to as many as it has both 
9 



130 Locol Government in Kansas, 

Senators and Representatives — at present, ten. One is 
elected for each Representative District/ and two are 
chosen for the State at large. They meet at Topeka, on 
the first Wednesday of the December next after their 
election, and at twelve o'clock, noon, cast their ballots 
for President and Vice-President, as prescribed by the 
National Constitution.^ No Senator or Representative, 
or person holding any office of trust or profit under the 
United States, can act as an Elector. 

181. UiiUed States Senators are elected by the State 
Legislature as follows : On the second Tuesday after the 
meeting of the Legislature, each House names a person 
for Senator by a viva voce vote. The next day, at noon, 
the two Houses meet in what is called a joint assembly; 
and if the same person has received a majority of all the 
votes in each House, he is declared duly elected. If not, 
the joint assembly chooses by a viva voce vote, and whoever 
receives a majority of all the votes cast (a majority of 
each House being present and voting) is declared elected. 
The joint assembly must meet and take at least one vote 
each day till a Senator is elected. Each State in the 
Union has two Senators. A Senator's term of office is 
six years. A Senator must be at least thirty years of age, 
must have been nine years a citizen of the United States, 
and must be at the time of his election an inhabitant of 
the State for which he is chosen. 

1 This is the rule, but by the Congressional apportionment of 1891 
Kansas Avas given eight Eepresentatives, and the Legislature has not 
since re-districteil the State. 

2 For a full discussion of national affairs, students should turn to 
the Constitution of the United States, which is given, with a careful 
analysis, in the special Kansas edition of Berard's United States 
History. 



National Affairs. 131 



182. Representatives, or Congressmen, are elected by 
the people, and are voted for in what are known as Con- 
gressional Districts. Eacli State is entitled to as many 
Representatives as the quotient obtained by dividing the 
population of the State by 173,901, a divisor established 
l>y Congress and called the Ratio of Representation. To 
each of the States having the largest remainders one 
Representative is assigned until the whole number of 
Congressmen (3oG) has been secured. 

The State Leg^islature determines the boundaries of the 
Districts. 

Cono ressmen are elected at tlie General Election of State 
and County officers, in the even years. The term of office 
is two years. A Representative must be at least twenty- 
five years of age, must have been seven years a citizen of 
the United States, and must be an inhabitant of the State 
for which he is chosen. Nothing in the Constitution pre- 
scribes that he shall be a resident of the District for which 
he is chosen : this, however, has been the general custom, 
though there have been some exceptions. 

18S* The United States District Court for this State sits 
at Topeka and Leavenworth, and at Wichita for criminal 
cases. Its officers are the District Judge, who holds office 
during life or good beliavior ; the District Attorney, who 
represents the National Government as tlie County Attor- 
ney does the county; and tlic Marshal, whose powers and 
duties are similar to those of a Sheriff. These three offi- 
cers are appointed by the President and confirmed by the 
Senate. 

IS-i, The United States Circuit Court for this State sits 
at Topeka and Leavenworth. One of the Justices of the 



132 Local Government in Kansas, 

United States Supreme Court is allotted to this cireiiit, 
whieh includes Kansas and several other States. There 
are also appointed for the circuit two Circuit Judges, with 
the same general powers in the circuit as a Justice of the 
Supreme Court. The Circuit Court may be held by the 
Circuit Justice, or by a Circuit Judge, or by the Dis- 
trict Judge sitting as Circuit Judge, or by any two of 
these sitting together. 

Each of these courts appoints its own Clerk. 

The District Attorney and the Marshal are officers of 
both courts. ^ 

The greater number of cases coming before these Fed- 
eral Courts are those in which the United States is a 
party, or cases between citizens of another State and citi- 
zens of this State. 

18o, Naturalization is the process by which an alien 
becomes a citizen, ^ Aliens are persons born in a foreign 
country. The word includes men, women and children. 
After living here a certain time, an alien may become 
a citizen. Congress prescribes the method. The alien 
must have lived in this country at least five years. But 
at least two years before he can become naturalized he 
must declare on oath before some court of record that 
he wishes to be, and intends to be, a citizen. When any 
court to whieh he may apply is satisfied that he has 
been in this country five years, and one year in the 
State M'licre the court is held, and has behaved as a 
man of good moral character, and has duly made his 

1 The right to vote is another and a separate matter. The States 
regulate voting; the United States, naturalization. Kansas permits 
an alien to vote under certain conditions. See note 1, page 55. 



National Affairs. 133 



declaration, it may admit him as a citizen. He renonnces 
his allegiance to his native land, and swears to snpport 
the Constitution of the United States. 

An alien residing in this country three years next 
preceding his becoming twenty-one, and who has resided 
here five years in all, may be naturalized without previous 
declaration. 

A soldier who is at least twenty-one years of age, 
regularly discharged from the United States army, may 
be admitted without declaration, and with but a single 
year's residence. 



ANALYSIS 



State Constitution, 






O 

O 






r state Boundaries Establislied 
Bill of r 
Rights. 



Affirms 



Guarantees 



Prohibits 



Defines 



Equal and inalienable rights 

All political poiver in the people 
People may assemble, and peti' 

tion 

May bear arms 

Powers not delegated remain 

with the people 

Religions liberty 

Liberty of the press 

Security against illegal search 

or seizure 

Bail 

Justice without delay 

Trial and defense 

Trial by jury 

' Slavery 

Transportation from the State.... 

Attainder 

Imprisonment for debt 

Religious test or property quali- 
fication 

Hereditary honors or privileges. . 

Distinction between citizen and 
alien property 

Irrevocable grants of special pri- 
vileges 

Suspension of habeas corpus 

Excessive hail 

Twice in jeopardy 

Wittiessing against one's self. 

^ Quartering of soldiers 

Treason 



PAGE 

141 
141 
141 

141 

142 

144 

142 
143 

143 
142 
144 
142 
142 

142 
143 
143 
143 

142 
144 

144 

141 
142 
142 
143 
143 
143 
143 



135 



136 



Analysis of the State Constitution. 






Rights of Woiiion 

Homestead, Debtor and iaiiiily 

State Capital 

rul)lic Ofiieers 

Public Aeeoiiiits 

State Printer 

Lotteries Prohibited 

Liquor Traffic Prohibited 



Departments of ^--"''- 
Governmefit. ^-•'/'•^•'-"•-' 

1 Jttdicial 



I. 

••Si 



^ 

^ 

^ 



Cireneral 
Provisions. 



(iroveruor. 



State officers 

IVhen cJiosen 

J/oiv chosen 

Oath of office 

Term 

Salary 

Jieports of State officer. 
Hetnorals from office.... 



FJiyihUity 

Executes the laws 

May require iuformatioit. 
May adjourn I.eyi.slatare. 

Veto 

Appointtuents 

('otn}ulssious 

Commatnler-in-chicf 

Ma y y ra nt 2>a rtloJis 

State seal 

Vacancy 



Lieutenant- f rrrshimt of sr,»atv 

Oovernor. ^^ JUconus Honrnor 

^ Vacancies in Otlier Offices 



SEC. 

G 
9. 
8 
1 
5 
4 
3 
10 



ART. 
1 


144 


2 


147 


3 


151 


SEC. 




1 


144 


1 


144 


1 


144 


7 


148 


1 


144 


15 


146 


16 


146 


27 


150 


10 


145 


3 


145 


4 


145 


6 


145 


14 


148 


11 


146 


9 


145 


4 


159 


7 


145 


8 


145 


11 


145 


12 


146 


11 


145 


14 


146 



Av(ilj/><is of fJie Sfafe Co7iyfitidlon. 



]37 



Senate. 



House. 



•Provisions 

common to 

both 

Houses. 






(ireneral 
Provisions, 






r Kumhcr of tnenihcrs 

{ JtnjffncJiiuciif, trial of. 

L AjipointmeiitSf confirinationt 



^ XtnnlK-r oftneinhcrs. 
( IinjM-ftrhment hij 



{ T/('f/!s7afit'f aittliovifif 

Qmili/icfttioH.s ofnttinhcrs 

ISlevtlon of lucmin-fs 

Outh of office 

Term 

Compensation 

Priviler/es of members 

Vacancies 

Sessions 

Quorum — Iiules 

Jfai/ orif/inate bills 

,Tourn((l 

Teas and nays 



Suffrage 

Census to be taken 

Apportionment^ legislative 

Tax'ation 

State debt 

May borrow money 

County tribunals 

Counties and towns 

Mu}iicipalities, cities 

New offices, officers 

State Trinter 

Corporations, creation of. 

Tiaulis 

EducfftioUf encourayement of. 

J}Iilifia, irhat anistitutes 

Constitutional amendments 



Prohibitions. ( 



Sex distinction in schools 

Appropriations 

Internal i mproiwine nts 

Corjtorate 2^owers 

liaul.s, banl.-iufi law 

Sale of intoxicating litj^uors . 



SEC. 


PAGE 


2 


147 


27 


150 


1 


158 



29 



138 



Analysis of the State Constitution. 



•I s 



^ I LaW-Makiug-. ( mUs, introduction I 12 



Enaetiiifj claiifse 

Mttst Jnu'c hut one subject 

Headiuf/ 

How hills are inissed 

If vetoed 

Acts taJx-e effect 

Uniform laiv — general latvs.. 



Judicial Power, T>Tiere Tested. 

Judicial Districts 

General 
Provisions. 






Election of Judges. 

Hesiden ce of Judges 

J'ucuney, hotr Jilted 

Term of Supreme Judges.. 
Term of District Judges... 
Style of process 



Judges. 



Minor 
Officers. 

Jurisdiction. 



Supreme Court, salaries 

m.strict Court a 

I*rohate Court 

Ju.stices of the feace 

I*ro Tem. (District Court) 

Jtemoval Suju'eme and Dist. Judges.... 

Supreme Court, Cleric and Jteporter ... 
District Court, Clerk 



( Supreme Court 

I District Court 

■} JRrohate Court 

Judges, at Chamhen 



^ Suifrai^e. 



J "^ J Education. 






Qualifications of voters 

J'roof of these 

Disqualifications 

Privileges of electors 

{ Establishment... 

Cotnmon j Maintenance 

Schools. { Superintendence 



Control, religi- 
ous sects 



Higher 
Scliools. 



Establishment ... 

Maintenance 

Control, religi- 
ous sects 



Analysis of the State Constitution, 



139 



30 



Public Institutions. \ ^"""t"'""' 

> Penal 



Counties and Towns. { 



Corporations. 



Banks. 



Militia. 



Organization ... 
doiinty officers. 
Town officers.... 
Itetnoval of. 



Defined. 



( 

Hoiv crea ted.. 

I Dues from 

I Heliffious 

I Municipal , 

(^ Might of way . 



Estnhli.shed by general latv. 

Whenlan' in force 

State not a .stoehliolder 

Officers, where kept 

Deuotui nation of notes 

Security/ required 

Redemption of notes 



Defined 

Organization 

Comma nder-in-chief.. 
Officers 



j^ Amendments to Constitution 



SEC. 


PAGE 


1 


158 


2 


158 


1 


159 


2 


159 


2 


159 


5 


160 


6 


164 


1 


163 


2 


163 


3 


163 


5 


163 


4 


163 


1 


164 


8 


165 


5 


164 


6 


165 


7 


165 


2 


164 


4 


164 


1 


159 


2 


159 


4 


159 


3 


159 



165 



Constitution of the State of Kansas. 

TOOK EFFECT JANUARY 29, 1861. 



Preaifible. 

"We, the people of Kansas, grateful to Almighty God 
for our civil and religious privileges, in order to ensure the 
full enjoyment of our rights as American citizens, do or- 
dain and establish this Constitution of the State of Kansas, 
with the following boundaries, to wit: "beginning at a 
point on the western boundary of the State of Missouri, 
where the thirty-seventh parallel of north latitude crosses 
the same; thence running west on said parallel to the 
twenty-fifth meridian of longitude west from Washington; 
thence north on said meridian to the fortieth parallel of 
north latitude ; thence east on said parallel to the western 
boundary of the State of Missouri ; thence south with the 
western boundary of said State to the place of beginning." 

Bill of Rights. 

1. All men are possessed of equal and inalienable natural 
rights, among which are life, liberty, and the pursuit of 
happiness. 

2. AH political power is inherent in the people, and all 
free governments are founded on their authority, and are 
instituted for their equal protection and benefit. No spe- 
cial privileges or immunities shall ever be granted by the 
Legislature, which may not be altered, revoked or repealed 
by the same body; and this power shall be exercised by 
no other tribunal or agency. 

3. The people have the right to assemble in a peaceable 

141 



142 Constitution of the Sfdte of Kansas. 

manner, to consult for their common good, to instruct their 
representatives, and to petition the government, or any de- 
partment thereof, for the redress of grievances. 

4. The people have the right to bear arms for their de- 
fense and securit}^; but standing armies, in time of peace, 
are dangerous to liberty, and shall not be tolerated, and 
the military shall be in strict subordination to the civil 
power. 

5. The right of trial by jury shall be inviolate. 

6. There shall be no slavery in this State; and no in- 
voluntary servitude, except for the i^unishment of crime, 
whereof the party shall have been duly convicted. 

7. The right to worship God, according to the dictates 
of conscience, shall never be infringed; nor shall any per- 
son be compelled to attend or support any form of worship; 
nor shall any control of, or interference with, the rights of 
conscience be permitted, nor any preference be given by 
law to any religious establishment or mode of Avorship. 
^No religious test or property qualitication shall be required 
for any office of public trust, nor for any vote at any elec- 
tion, nor shall any person be incompetent to testify on ac- 
count of religious belief. 

8. The right to the writ of habeas corpus shall not be 
suspended, unless the public safety requires it in case of 
invasion or rebellion. 

9. All persons shall be bailable by sufficient sureties, 
except for capital offenses, where proof is evident or 
the presumption great. Excessive bail shall not be re- 
quired, nor excessive fines imposed, nor cruel or unusual 
punishment inflicted. 

10. In all prosecutions, the accused shall be allowed to 
appear and defend in person, or by counsel; to demand the 
nature and cause of the accusation against him; to meet 
the witness face to face, and to have compulsory process 



Constitution of the State of Kansas. 143 

to compel the attendance of witnesses in his behalf, and a 
speedy public trial by an imj^artial jury of the county or 
district in which the offense is alleged to have been com- 
mitted. No person shall be a witness against himself, or be 
twice put in jeopardy for the same offense. 

11. The liberty of the press shall be inviolate; and all 
persons may freely speak, write or publish their sentiments 
on all subjects, being responsible for the abuse of such 
right; and in all civil or criminal actions for libel, the truth 
may be given in evidence to the jury, and if it shall appear 
that the alleged libellous matter was published for justifi- 
able ends, the accused shall be acquitted. 

12. ^o person shall be transported from the State, for 
any offense committed within the same, and no conviction 
in the State shall work a corruption of blood or forfeiture 
of estate. 

13. Treason shall consist only in levying war against the 
State, adhering to its enemies, or giving them aid and com- 
fort. No person shall be convicted of treason unless on the 
evidence of two witnesses to the overt act, or confession in 
open court. 

14. No soldier shall, in the time of peace, be quartered 
in any house without the consent of the occupant ; nor in 
time of war, except as prescribed by law. 

15. The right of the people to be secure in their persons 
and property against unreasonable searches and seizures, 
shall be inviolate; and no warrants shall issue but on pro- 
bable cause, supported by oath or affirmation, particularly 
describing the place to be searched, and the person or pro- 
perty to be seized. 

16. No person shall be imprisoned for debt, except in 
cases of fraud. 

17. No distinction shall ever be made between citizens of 
the State of Kansas and the citizens of other States and 



144 Constitution of the State of Kansas. 

Territories of the United States in reference to the purchase, 
enjoyment or descent of property. The rights of aliens in 
reference to the purchase, enjoyment or descent of property 
may be regulated by law.i 

18. All persons, for injuries suffered in person, repu- 
tation or property, shall have remedy by due course of 
law, and justice administered without delay. 

19. Xo hereditary emoluments, honors or privileges shall 
ever be granted or conferred by the State. 

20. This enumeration of rights shall not be construed 
to impair or deny others retained by the people ; and all 
powers not herein delegated remain with the 2:)eople. 

ARTICLE I.— Executive. 

1. The Executive department shall consist of a Governor, 
Lieutenant-Governor, Secretary of State, Auditor, Treas- 
urer, Attorney-General, and Superintendent of Public In- 
struction; who shall be chosen by the electors of the State 
at the time and place of voting for members of the Legis- 
lature, and shall hold their offices for the term of two years 
from the second Monday of January next after their elec- 
tion, and until their successors are elected and qualified. 

2. Lentil otherwise provided by law, an abstract of the 
returns of every election, for the officers named in the 
foregoing section, shall be sealed up and transmitted, by 
the clerks of the Boards of Canvassers of the several coun- 
ties, to the Secretary of State, who, with the Lieutenant- 
Governor and Attorney-General, shall constitute a Board of 
State Canvassers, whose duty it shall be to meet at the State 
capitol on the second Tuesday of December succeeding each 
election for State officers, and canvass the vote for such 
officers, and proclaim the result ; but in case any two or 
more have an e(|ual and the highest number of votes, the 

1 This section amended (as liere printed) in Xovember, 1888. 



Constitution of the State of Kansas. 145 

Legislature shall, by joint ballot, choose one of said persons 
so having an equal and the highest number of votes for said 
office. 

3. The supreme executive power of the State shall be vested 
in a Governor, who shall see that the laws are faithfully exe- 
cuted. 

■i. He may require information in writing from the officers 
in the Executive department, upon any subject relating to 
their respective duties. 

5. He may, on extraordinary occasions, convene the Legis- 
lature by proclamation, and shall, at tlie commencement of 
every session, communicate, in writing, such information as 
he may possess in reference to the condition of the State, and 
recommend such measures as he may deem expedient. 

0. In case of disagreement between the two Houses in 
resjDect to the time of adjournment, he may adjourn the 
Legislature to such time as he may think proper, not beyond 
its regular meeting. 

7. The pardoning power shall be vested in the Governor, 
under regulations and restrictions prescribed by law. 

8. There shall be a seal of the State, which shall be kept 
by the Governor, and used by him officially, and which 
shall be the great seal of Kansas. 

9. All commissions shall be issued in the name of the State 
of Kansas; signed by the Governor, countersigned by the 
Secretary of State, and sealed with the great seal. 

10. No member of Congress, or officer of the State, or of 
the L^nited States, shall hold the office of Governor, except 
as herein provided. 

11. In case of the death, impeachment, resignation, re- 
moval or other disability of the Governor, the power and 
duties of the office for the residue of the term, or until the 
disability shall be removed, shall devolve upon the President 
of the Senate. 

10 



1 46 Constitution of the State of Kansas. 

12. The Lieutenant-Governor shall be President of the 
Senate, and shall vote only when the Senate is equally divided. 
The Senate shall choose a President pro temjyore, to preside in 
case of his absence or impeachment, or when he shall hold 
the office of Governor. 

13. If the Lieutenant-Governor, while holding the office of 
Governor, shall be impeached, or displaced, or shall resign, 
or die, or otherwise become incapable of performing the duties 
of the office, the President of the Senate shall act as Governor 
until the vacancy is filled or the disability removed ; and if 
the President of the Senate, for any of the above causes, shall 
be rendered incapable of performing tlie duties j^ertaining to 
the office of Governor, the same shall devolve upon the 
Speaker of the House of Representatives. 

14-. Should either the Secretary of State, Auditor, Treas- 
urer, Attorney-General, or Superintendent of Public Instruc- 
tion, become incapable of performing the duties of his office, 
for any of the causes specified in the thirteenth section of 
this article, the Governor shall fill the vacancy, until the 
disability is removed, or a successor is elected and qualified. 
Every such vacancy shall be filled by election, at the first 
general election that occurs more than thirty days after it 
shall have happened ; and the person chosen shall hold the 
office for the unexpired term. 

15. The officers mentioned in this article shall, at stated 
times, receive for their services a compensation, to be estab- 
lished by law, which shall neither be increased nor dimin- 
ished during the period for which they shall have been 
elected. 

10. The officers of the Executive department, and of all 
public State institutions, shall, at least ten days preceding 
each regular session of the Legislature, severally report to 
the Governor, who shall transmit such reports to the Legis- 
lature. 



Constitatioii of the State of Kansas. 147 

ARTICLE II.— Legislative. 

1. The Legislative power of this State shall be vested in 
a House of Rei)reseiitatives and Senate. 

2. The number of Representatives and Senators shall be reg- 
ulated by law, but shall never exceed one hundred and twenty- 
five Representatives and forty Senators. From and after the 
adoption of the Amendment (1873), the House of Represen- 
tatives shall admit one member from each county in which at 
least two hundred and fifty legal votes were cast at the next 
preceding general election ; and each organized county in 
which less than two hundred legal votes were cast at the next 
preceding general election shall be attached to and constitute 
a part of the Representative District of the county lying next 
adjacent to it on the east. ^ 

3. The members of the Legislature shall receive, as com- 
pensation for their services, the sum of three dollars for each 
day's actual service at any regular or special session, and fif- 
teen cents for each mile travelled by the usual route in going 
to and returning from the place of meeting ; but such com- 
pensation shall not in the aggregate exceed the sum of two 
hundred and forty dollars for each member, as per diem al- 
lowance for the first session held under this Constitution, nor 
more than one hundred and fifty dollars for each session there- 
after, nor more than ninety dollars for any special session. 

4. No person shall be a member of the Legislature who 
is not, at the time of his election, a qualified voter of, and 
resident in, the county or district for which he is elected. 

5. No member of Congress or officer of the United States 
shall be eligible to a seat in the Legislature. If any person, 
after his election to the Legislature, be elected to Congress, 
or elected or appointed to any office under the United States, 
his acceptance thereof shall vacate his seat. 



1 This section amended (as here printed) in November, 1873. 



148 Condltution of the State of Kansas. 

0. No person convicted of embezzlement or misuse of the 
public funds shall have a seat in the Legislature. 

7. All State officers, before entering upon their respective 
duties, shall take and subscribe an oath or affirmation to sup- 
port the Constitution of the United States and the Constitu- 
tion of this State, and faithfully to discharge the duties of 
their respective offices. 

8. A majority of each House shall constitute a quorum. 
Each House shall establish its own rules, and shall be judge of 
the elections, returns and qualifications of its own members. 

9. All vacancies occurring in either House shall be filled 
for the unexpired term by election. 

10. Each House shall keep and publish a journal of its 
proceedings. The yeas and nays shall be taken, and entered 
immediately on the journal, upon the final passage of every bill 
or joint resolution. Neither House, without the consent of the 
other, shall adjourn for more than two days, Sundays excepted. 

11. Any member of either House shall have the right to 
protest against any act or resolution; ami such j^rotest shall, 
without delay or alteration, be entered on the journal. 

12. Bills may originate in either House, but may be 
amended or rejected by the other.^ 

13. A majority of all the members elected to each House, 
voting in the affirmative, shall be necessary to pass any bill 
or joint resolution. 

14. Every bill and joint resolution passed by the House of 
Representatives and Senate shall, within two days thereafter, 
be signed by the presiding officers, and presented to the Gov- 
ernor; if he approve, he shall sign it; but if not, he shall 
return it to the House of Representatives, which shall enter 
the objections at large upon its journal, and proceed to recon- 
sider the same. If, after such reconsideration, two-thirds of 
the members elected shall agree to pass the bill or resolution, 

1 This section amended (as here printed) in Novemher, 1864. 



Co}iHiifufion of the State of Kansas. 149 

it shall be sent, with the objections, to the Senate, by uliich 
it shall likewise be reconsidered, and if approved by two- 
thirds of all the members elected, it shall become a law. 
But in all such cases, the vote shall be taken by yeas and 
nays, and entered upon the journals of each House. If any 
bill shall not be returned within three days (Sundays excej^ted) 
after it shall have been presented to the Governor, it shall 
become a law in like manner as if he had signed it, unless 
the Legislature, by its adjourment, prevent its return, in 
which case it shall not become a law. 

15. Every bill shall be read on three separate days in each 
House, unless in case of emergency. Two- thirds of the House 
where such a bill is pending may, if deemed expedient, sus- 
pend the rules; but the reading of the bill by sections, on its 
final j^assage, shall in no case be dispensed with. 

16. No bill shall contain more than one sul)ject, which 
shall be clearly expressed in its title, and no law shall be 
revived or amended, unless the new act contain the entire 
act revived, or the section or sections amended, and the sec- 
tion or sections so amended shall be repealed. 

17. All laws of a general nature shall have a uniform oper- 
ation throughout the State ; and in all cases where a general 
law can be made applicable, no special laAV shall be enacted. 

18. All power to grant divorces is vested in the District 
Courts, subject to regulation by law. 

19. The Legislature shall prescribe the time when its acts 
shall be in force, and shall provide for the speedy publication 
of the same; and no law of a general nature shall be in force 
until the same be published. It shall have the power to i:)ro- 
vide for the election or appointment of all officers and the 
filling of all vacancies not otherwise provided for in this Con- 
stitution. 

20. The enacting clause of all laws shall be, "Be it enacted 
by the Legislature of the State of Kansas," and no law shall 
be enacted except by bill. 



150 Coiistitutlon of the State of Kansas. 

21. The Legislature may confer upon tribunals transacting 
the county business of the several counties such powers of 
local legislation and administration as it shall deem expe- 
dient. 

22. For any speech or debate in either House, the mem- 
bers shall not be questioned elsewhere. No member of the 
Legislature shall be subject to arrest — except for felony or 
breach of the peace — in going to or returning from the place 
of meeting, or during the continuance of the session; neither 
shall he be subject to the service of any civil process during 
the session, nor for fifteen days previous to its commencement. 

23. The Legislature, in providing for the formation and 
regulation of schools, shall make no distinction between the 
rights of males and females. 

24. No money shall be drawn from the treasury except in 
pursuance of a specific appropriation made by law, and no 
appropriation shall be for a longer term than two years. ^ 

25. All sessions of the Legislature shall be held at the 
State capital, and, beginning with the session of eighteen 
hundred and seventy-seven, all regular sessions shall be held 
once in two years, commencing on the second Tuesday of 
January of each alternate year thereafter.^ 

26. The Legislature shall provide for taking an enumera- 
tion of the inhabitants of the State at least once in ten years. 
The first enumeration shall be taken in a. d. 1865. 

27. The House of Representatives shall have the sole 
power to impeach. All impeachments shall be tried by the 
Senate, and, when sitting for that purpose, the Senators shall 
take an oath to do justice according to the law and the evi- 
dence. No person shall be convicted without the concurrence 
of two-thirds of the Senators. elected. 

28. The Governor and all other officers under this Consti- 



^ Section 24 amended (as here printed) in November, 1865. 
^ Section 25 amended (as here jirinted) in November, 1866. 



Constitution of the State of Kansas. 151 



tiition shall be subject to impeachment for any misdemeanor 
in office; but judgment in all such cases shall not be extended 
further than to removal from office, and disqualification to 
hold any office of profit, honor, or trust, under this Constitu- 
ticm; but the party, whether acquitted or convicted, shall be 
liable to indictment, trial, judgment, and punishment, accord- 
ing to law. 

29. At the general election held in eighteen hundred and 
seventy-six, and thereafter, members of the House of Repre- 
sentatives shall be elected for two years, and members of the 
Senate shall be elected for four years. ^ 

ARTICLE III.— Judicial. 

1. The Judicial power of this State shall be vested in a 
Supreme Court, District Courts, Probate Courts, Justices of 
the Peace, and such other courts, inferior to the Supreme 
Court, as may be provided by law; and all courts of record 
shall have a seal, to be used in the authentication of all 
process. 

2. The Supreme Court shall consist of one Chief Justice 
and two Associate Justices (a majority of whom shall consti- 
tute a quorum), who shall be elected by the electors of the 
State at large, and whose term of office, after the first, shall 
be six years. At the first election a Chief Justice shall be 
chosen for six years, one Associate Justice for four years, and 
one for two years. 

3. The Supreme Court shall have original jurisdiction in 
proceedings in quo ivarranto, mandamus, and habeas corpus; 
and such appellate jurisdiction as may be provided by law. 
It shall hold one term each year at the seat of government, 
and such other terms at such places as may be provided by 
law, and its jurisdiction shall be co-extensive with the State. 

4. There shall be appointed by the Justices of the Supreme 

^ Section 29 added in November, 1875. 



152 Constitution of the State of Ixdu.^as, 

Court, a Reporter and Clerk of said Court, who shall hold 
their offices two years, and whose duties shall be prescribed 
by law. 

5. The State shall be divided into five judicial districts, in 
each of which there shall be elected, by the electors thereof, 
a District Judge, who shall hold his office for the term of four 
years. District Courts shall be held at such times and places 
as may be provided by law. 

6. The District Courts shall have such jurisdiction in their 
respective districts as may be provided by law. 

7. There shall be elected, in each organized county, a 
Clerk of the District Court, who shall hold his office for two 
years, and whose duties shall be prescribed by law. 

8. There shall be a Probate Court in each County, w^hich 
shall be a court of record, and have such probate jurisdiction 
and care of estates of deceased persons, minors, and persons 
of unsound minds, as may be prescribed by law, and shall 
have jurisdiction in cases of habeas corjnis. This court shall 
consist of one Judge, who shall be elected by the qualified 
voters of the county, and hold his office for two years. He 
shall be his own clerk, and shall hold court at such times, 
and receive for compensation such fees as may be prescribed 
by law. 

9. Two Justices of the Peace shall be elected in each town- 
ship, Avhose term of office shall be two years, and whose powers 
and duties shall be prescribed by law. The number of Jus- 
tices of the Peace may be increased in any township by law. 

10. All appeals from Probate Courts and Justices of the 
Peace shall be to the District Court. 

11. All the judicial officers provided for by this article shall 
be elected at the first election under this Constitution, and 
shall reside in their respective townships, counties or districts 
during their respective terms of office. In case of vacancy in 
any judicial office, it shall be filled, by appointment of the 



Constitution of the State of Kansas. 153 

Governor, until the next regular election that shall occur more 
than thirty days after such vacancy shall have happened. 

12. AH judicial officers shall hold their offices until their 
successors shall have qualified. 

13. The Justices of the Supreme Court and the Judges of 
the District Court shall, at stated times, receive for their ser- 
vices such compensation as may be provided by law, which 
shall not be increased during their respective terms of office: 
provided, such compensation shall not be less than fifteen 
hundred dollars to each Justice or Judge each year, and such 
Justices or Judges shall receive no fees or perquisites, nor 
hold any other office of profit or trust under the authority 
of the State or the United States during the term of office 
for which said Justices and Judges shall be elected, nor prac- 
tice law in any of the Courts in the State during their con- 
tinuance in office. 

14. Provision may be made by law for the increase of 
the number of judicial districts whenever two- thirds of the 
members of each House shall concur. Such districts shall 
be formed of compact territory, and bounded by county lines, 
and such increase shall not vacate the office of any Judge. 

15. Justices of the Supreme Court and Judges of the Dis- 
trict Courts may be removed from office by resolution of both 
houses, if two-thirds of the members of each House concur; 
but no such removal shall be made except upon complaint, 
the substance of which shall be entered upon the journal, 
nor until the party charged shall have had notice and oppor- 
tunity to be heard. 

1(>. The several Justices and Judges of the courts of record 
in this State, shall have such jurisdiction at chambers as may 
be provided by law. 

17. The style of all process shall be "The State of Kan- 
sas, ' ' and all prosecutions shall be carried on in the name of 
the State. 



154 Constitution of the State of Kansas. 

18. Until otherwise provided by law, the first district shall 
consist of the counties of Wyandotte, Leavenworth, Jeffer- 
son and Jackson. The second district shall consist of the 
counties of Atchison, Doniphan, Brown, Kemaha, Marshall 
and Washington. The third district shall consist of the 
counties of Pottawatomie, Riley, Clay, Dickinson, Davis, 
Wabaunsee and Shawnee. The fourth district shall consist 
of the counties of Douglas, Johnson, Lykins, Franklin, An- 
derson, Linn, Bourbon and Allen. The fifth district shall 
consist of the counties of Osage, Coffey, Woodson, Green- 
wood, Madison, Breckinridge, Morris, Chase, Butler and 
Hunter. 

19. New or unorganized counties shall, by law, be at- 
tached, for judicial purposes, to the most convenient judicial 
district. 

20. Provision shall be made by law^ for the selection, by 
the bar, of a pro tern. Judge of the District Court, when the 
Judge is absent or otherwise unable or disqualified to sit in 
any case. 

ARTICLE IT.— Elections. 

1, All elections by the people shall be by ballot, and all 
elections by the Legislature shall be viva voce. 

2. General elections shall be held annually, on the Tues- 
day succeeding the first Monday in November. Township 
elections shall be held on the first Tuesday in April, until 
otherwise provided by law. 

ARTICLE y.— Suffrage. 

1. Every white ^ male person, of twenty-one years and 
up'wards, belonging to either of the following classes — who 

iThe word " white" became inoperative on March 30, 1870, b\^ the 
adoption of the Fifteenth Amendment to the Constitution of the 
United States. 



Constitution of the State of Kansas, 1 55 



shall have resided in Kansas six months next preceding any 
election, and in the township or ward in which he offers to 
vote, at least thirty days next preceding such election — shall 
be deemed a qualified elector. 

First — Citizens of the United States. 

Second — Persons of foreign birth who shall have declared 
their intentions to become citizens, conformably to the laws 
of the United States on the subject of naturalization. 

2, No person under guardianship, no7i compos mentis, or 
insane; no person convicted of felony, unless restored to civil 
rights; no person who has been dishonorably discharged from 
the service of the United States, unless reinstated ; no person 
guilty of defrauding the Government of the United States, 
or any of the States thereof ; no person guilty of giving or 
receiving a bribe, or offering to give or receive a bribe; and 
no person who has ever voluntarily borne arms against the 
Government of the United States, or in any manner volun- 
tarily aided or abetted in the attempted overthrow of said 
Government, except all persons who have been honorably 
discharged from the military service of the United States 
since the first day of April, A. d. 1861, provided that they 
have served one year or more therein, shall be qualified to 
vote or hold office in this State, until such disability shall be 
removed by a law passed by a vote of two-thirds of all the 
members in both branches of the Legislature.^ 

3. For the purpose of voting, no j^erson shall be deemed 
to have gained or lost a residence by reason of his presence 
or absence while employed in the service of the United States, 
nor while engaged in the navigation of the waters of this 
State, or of the United States, or of the high seas, nor while 
a student of any seminary of learning, nor while kept at -any 
almshouse or other asylum at public expense, nor while con- 
fined in any public prison ; and the Legislature may make 

* This section amended (as here printed) in November, 1867. 



156 Conditution of ilie State of Kxiiims. 

provision for taking the votes of electors who may be absent 
from their townships or wards, in the volunteer military ser- 
vice of the United States, or the militia service of this State; 
but nothing herein contained shall be deemed to allow any 
soldier, seaman, or marine, in the regular army of the United 
States, the right to vote. ^ 

4. The Legislature shall pass such laws as may be neces- 
sary for ascertaining, by proper proofs, the citizens who shall 
be entitled to the right of suffrage hereby established. 

5. Every person who shall give or accept a challenge to 
figlit a duel, or who shall, knowingly, carry to another person 
such challenge, or shall go out of the State to fight a duel, 
shall be ineligible to any office of trust or profit. 

0. Every person who shall have given or offered a bribe 
to procure his election, shall be disqualified from holding 
office during the term for which he may have been elected. 

7. Electors, during their attendance at elections, and in 
going to and returning therefrom, shall be ^^I'i^'ilpged from 
arrest in all cases except treason, felony, or breach of the 
peace. 

ARTICLE TI.— Education. 

1. The State Superintendent of Public Listruction shall 
have the general suj^ervision of the common school funds and 
ed'Ucational interests of the State, and perform such other 
duties as may be prescribed by law. A Superintendent of 
Public Instruction shall be elected in each county, whose 
term of office shall be two years, and whose duties and com- 
pensation shall be prescribed by law. 

2. The Legislature shall encourage the promotion of intel- 
lectual, moral, scientific, and agricultural improvement, by 
establishing a uniform system of common schools, and schools 
of a higher grade, embracing normal, preparatory, collegiate, 
and university departments. 

1 This section amended (as here printed) in November, 1861. 



Constitution of the State of Kamas. 



3. The proceeds of all lands that have been, or may be, 
granted by the United States to the State, for the support of 
schools, and the five hundred thousand acres of laud granted 
to the new States, under an act of Consjress distributincr the 
proceeds of public lands among the several States of the 
Union, approved September 4, A. d. 1841, and all estates of 
persons dying without heir or will, and such per cent, as may 
be granted by Congress on the sale of lands in this State, 
shall be the common property of the State, and shall be a 
perpetual school fund, Avhich shall not be diminished, but 
the interest of which, together with all the rents of the lands, 
and such other means as the Legislature may provide, by tax 
or otherwise, shall be inviolably ap^^ropriated to the support 
of the common schools. 

4. The income of the State school fund shall be disbursed 
annually, by order of the State Superintendent, to the several 
county treasurers, and thence to the treasurers of the several 
school districts, in equitable proportion to the number of chil- 
dren and youth resident therein, between the ages of five and 
twenty-one years : provided, that no school district, in which 
a common school has not been maintained at least three 
months in each year, shall be entitled to receive any portion 
of such funds. 

5. The school lands shall not be sold, unless such sale 
shall be authorized by a vote of the people at a general elec- 
tion ; but, subject to a re- valuation every five years, they 
may be leased for any number of years, not exceeding twenty- 
five, at a rate established by law. 

6. All money which shall be paid ]\v persons as an equiv- 
alent for exemption from military duty; the clear proceeds 
of estrays, ownership of which shall vest in the taker-up; and 
the proceeds of fines for any breach of the penal laws, shall 
be exclusively applied, in the several counties in which the 
money is paid or fines collected, to the support of common 
schools. 



158 Constitution of the State of Kansas. 

7. Provision shall be made by law for the establishment, at 
some eligible and central point, of a State University, for the 
promotion of literature, and the arts and sciences, including 
a Normal and Agricultural department. All funds arisiuo- 
from the sale or rents of lands granted by the United States 
to the State for the support of a State University, and all other 
grants, donations, or bequests, either by the State or by indi- 
viduals, for such purpose, shall remain a perpetual fund, to 
be called the "University Fund," the interest of which shall 
be appropriated to the support of the State University. 

8. No religious sect or sects shall ever control any part of 
the Common School or University Funds of the State. 

9. The State Superintendent of Public Instruction, Secre- 
tary of State, and Attorney-General shall constitute a Board 
of Commissioners for the management and investment of the 
school funds. Any two of said Commissioners shall be a 
quorum. 

ARTICLE yil.— Public Institutions. 

1. Institutions for the benefit of the Insane, Blind, and 
Deaf and Dumb, and such other benevolent institutions as the 
public good may require, shall be fostered and supported by 
the State, subject to such regulations as may be prescribed 
by law. Trustees of such benevolent institutions as may be 
hereafter created shall be appointed by the Governor, by 
and with the advice and consent of the Senate; and upon all 
nominations made by the Governor, the question shall be 
taken in yeas and nays, and entered upon the journal. 

2. A Penitentiary shall l)e established, the directors of 
M'hich shall be appointed or elected, as i)rescribed by law. 

3. The Governor shall fill any vacancy that may occur in 
the offices aforesaid, until the next session of the Legislature, 
and until a successor to his appointee shall be confirmed and 
qualified. 



Con.sfi[i(tio)i of the Htatc of Kansas. 159 



4. The respective counties of the State shall 2)rovide, as may 
be prescribed by law, for those inhabitants who, by reason 
of age, infirmity, or other misfortune, may have claims upon 
the sympathy and aid of society. 

ARTICLE YIII.— Militia. 

1. The militia shall be composed of all able-bodied male 
citizens between the ages of twenty-one and forty-five years, 
except such as are exempted by the laws of the United States, 
or of this State; but all citizens, of any religious denomination 
whatever, who, from scruples of conscience, may be averse to 
bearing arms, shall be exempted therefrom, upon such con- 
ditions as may be prescribed by law. ^ 

2. The Legislature shall provide for organizing, equipping 
and disciplining the militia in such manner as it shall deem 
expedient, not incompatible with the laws of the United 
States. 

3. Officers of the militia shall be elected or appointed, and 
commissioned in such manner as may be provided by law. 

4. The Governor shall be Commander-in-Chief, and shall 
have power to call out the militia to execute the laws, to sup- 
press insurrection, and to repel invasion. 

ARTICLE IX.— County and Township Organization. 

L The Legislature shall provide for organizing new coun- 
ties, locating county-seats, and changing county lines; and no 
county seat shall be changed without the consent of a majority 
of the electors of the county; nor any county organized, nor 
the lines of any county changed so as to include an area of 
less than four hundred and thirty-two square miles. 

2. The Legislature shall provide for such county and town- 
ship officers as may be necessary. 

1 This section amended in Noveniher, 1888, by striking out the 
word "white" before "male" in first line. 



160 Constitution of the /State of Kansas. 

3. All county officers shall hold their offices for the term 
of two yeare, and until their successors shall be qualified, 
except County Commissioners, who shall hold their offices for 
the term of three years; provided, that at the general election 
in the year eighteen hundred and seventy-seven the Commis- 
sioner elected from the District Number One in each county 
shall hold his office for the term of one year, the Conmiissioner 
elected from District Kumber Two in each county shall hold 
his office for the term of two years, and the Commissioner 
elected from District Number Three in each county sliall hold 
his office for the term of three years; but no person shall hold 
the office of Sheriff or County Treasurer for more than two 
consecutive terms. 

4. Township officers, except Justices of the Peace, shall 
hold their offices one year from the Monday next succeeding 
their election, and until their successors are qualified. 

5. All couuty and township officers may be removed from 
office, in such manner and for such cause as shall be prescribed 
by law. 

ARTICLE X.— Apportioiinient. 

1. In the future apportionment of the State, each organized 
county shall have at least one Representative ; and each 
county shall be divided into as many districts as it has Repre- 
sentatives. 

2. It shall be the duty of the first Legislature to make an 
apportionment, based upon the census ordered by the last 
Legislative Assembly of the Territory; and a new apportion- 
ment shall be made in the year 1866, and every five years 
thereafter, based upon the census of the preceding year. 

3. Until there shall be a new apportionment, the State shall 
be divided into election districts; and the Representatives 
and Senators shall be apportioned among the several dis- 
tricts as follows, viz. : 



Constitution of the State of Kansas. 161 

First District — Doniphan county — four Representatives, 
two Senators. 

Second District — Atchison and Brown counties — six Repre- 
sentatives, two Senators. 

Third District — Nemaha, Marsliall, and Washington coun- 
ties — two Representatives, one Senator. 

Fourth District — Clay, Riley, and Pottawatomie counties 
— four Representatives, one Senator. 

Fifth District — Dickinson, Davis, and Wabaunsee counties 
— three Representatives, one Senator. 

Sixth District — Shawnee, Jackson, and Jefferson counties 
— eight Representatives, two Senators. 

Seventh District — Leavenworth county — nine Representa- 
tives, three Senators. 

Eighth District — Douglas, Johnson, and Wyandotte coun- 
ties — thirteen Representatives, four Senators. 

Ninth District — Lykins, Linn, and Bourbon counties — nine 
Representatives, three Senators. 

Tenth District — Allen, Anderson, and Franklin counties — 
six Representatives, two Senators. 

Eleventh District — Woodson and Madison counties — two 
Representatives, one Senator. 

Twelfth District — Coffey, Osage, and Breckinridge coun- 
ties — six Representatives, two Senators. 

Thirteenth District — Morris, Chase, and Butler counties — 
two Representatives, one Senator, 

Fourteenth District — Arrapahoe, Godfrey, Greenwood, 
Hunter, Wilson, Dorn, and McGee counties — one Representa- 
tive. - 

ARTICLE XI.— Finance and Taxation. 

1, The Legislature shall provide for a uniform and equal 
rate of assessment and taxation ; but all property used ex- 
clusively for State, county, municipal, literary, educational, 

scientific, religious, benevolent, and charitable purposes, and 
11 



162 Constitution of the State of Kcnisas. 

• _^ 

personal property to the amount of at least tAvo hundred 
dollars for each family, shall be exempted from taxation. 

2. The Legislature shall proyide for taxing the notes and 
bills discounted or purchased, moneys loaned, and other prop- 
erty, effects, or dues of every description (without deduc- 
tion), of all banks now existing, or hereafter to be created, 
and of all bankers; so that all property employed in banking 
shall always bear a burden of taxation equal to that imposed 
upon the property of individuals. 

3. The Legislature shall provide, at each regular session, 
for raising sufficient revenue to defray the current expenses 
of the State for two years. ^ 

4. No tax shall be levied except in pursuance of a law, 
which shall distinctly state the object of the sanie, to which 
object only such tax shall be applied. 

5. For the purpose of defraying extraordinaiy expenses, 
and making public improvements, the State nu\y contract 
])ublic debts; but such debts shall never, in the aggregate, 
exceed one million dollars, except as hereinafter provided. 
Every such debt shall be authorized by law for some purpose 
specified therein, and the vote of a majority of all the mem- 
bers elected to each House, to be taken by the yeas and nays, 
shall be necessary to the passage of such law; and every 
such law shall provide for levying an annual tax sufficient 
to pay the annual interest of such debt, and the principal 
thereof, when it shall become due; and shall specifically ap- 
propriate the proceeds of such taxes to the payment of such 
l)rincipal and interest; and such appropriation shall not be 
repealed, nor the taxes postponed or diminished, until the in- 
terest and principal of such debt shall have been wholly paid. 

6. No debt shall be contracted by the State, except as 
herein i)rovided, unless the proposed law for creating such 
debt shall first be submitted to a direct vote of the electors 



i This section amended (as here printed) in November, 1875. 



Constitution of the State of Kansas. 163 



of the State, at some general election ; and if such proposed 
law shall be ratified by a majority of all the votes cast at 
such general election, then it shall be the duty of the Legis- 
lature next after such election to enact such law and create 
such debt, subject to all the provisions and restrictions pro- 
vided in the preceding sections of this article. 

7. The State may borrow money to repel invasion, sup- 
press insurrection, or defend the State in time of war; but 
the money thus raised shall be applied exclusively to the object 
for which the loan was authorized, or to the repayment of the 
debt thereby created. 

S. The State shall never be a party in carrying on any 
works of internal improvement. 

ARTICLE XII.— Corporations. 

1. The Legislature shall pass no special act conferring cor- 
porate powers. Corporations may be created under general 
laws, but all such laws may be amended or repealed. 

2. Dues from corporations shall be secured by individual 
liability of the stockholders to an additional amount equal 
to the stock owned by each stockholder, and such other means 
as shall be provided by law; but such individual liability 
shall not apply to railroad corporations, nor corporations for 
religious or charitable purposes. 

3. The title to all property of religious corporations shall 
vest in trustees, whose election shall be by the members of 
such corporations. 

4. No right of way shall be appropriated to the use of any 
corporation, until full compensation therefor be first made 
in money, or secured by a deposit of money, to the owner, 
irrespective of any benefit from any improvement proposed by 
such corporation. 

5. Provision shall be made by general law^ for the organ- 
ization of cities, towns, and villages ; and their power of 



164 Constitution of the State of Kansas. 

taxation, assessment, borrowing money, contracting debts, and 
loaning their credit, shall be so restricted as to prevent the 
abuse of such power. 

G. The term corporations, as used in this article, shall 
include all the associations and joint-stock companies having 
powers and privileges not possessed by individuals or part- 
nerships; and all corporations may sue and be sued in their 
corporate name. 

ARTICLE XIII.— Banks and Currency. 

1. No bank shall be established otherwise than under a 
general banking law. 

2. All banking laws shall require as collateral security 
for the redemption of the circulating notes of any bank 
organized under their provision, a deposit with the Auditor 
of State of the interest-paying bonds of the several States, 
or of the United States, at the cash rates of the New York 
Stock Exchange, to an amount equal to the amount of circu- 
lating notes which such bank shall be authorized to issue, 
and a cash deposit in its vaults of ten per cent, of such 
amount of circulating notes; and the Auditor shall register 
and countersign no more circulating bills of any bank than 
the cash value of such bonds when deposited. 

3. Whenever the bonds pledged as collateral security for 
the circulation of any bank shall depreciate in value, the 
Auditor of State shall require additional security, or curtail 
the circulation of such bank, to such extent as will continue 
the circulation unimpaired. 

4. All circulating notes shall be redeemable in the money 
of the United States. Holders of such notes shall be enti- 
tled, in case of the insolvency of such banks, to preference 
of payment over all other creditors. 

5. The State shall not be a stockholder in any banking 
institution. 



Conditutioii of the State of Kansas . 165 

6. All banks shall be required to keep offices and officers, 
for the issue and redemption of their circulation, at a conve- 
nient place within the State, to be named on the circulating 
notes issued by such banks. 

7. No banking institution shall issue circulating notes of a 
less denomination than one dollar. ' 

8. No banking law shall be in force until the same shall 
have been submitted to a vote of the electors of the State at 
some general election, and approved by a majority of all the 
votes cast at such election. 

9. Any banking law may be amended or repealed. 

ARTICLE XIT.— Ameiidineuts. 

1. Propositions for the amendment of this Constitution may 
be made by either branch of the Legislature; and if two-thirds 
of all the members elected to each House shall concur therein, 
such proposed amendments, together with tlie yeas and navs, 
shall be entered on the journal; and the Secretary of State 
shall cause the same to l)e pul)]ishcd in at least one newspaper 
in each county of the State where a newspaper is published, 
for three months preceding the next election for Represen- 
tatives, at which time the same shall be submitted to the 
electors for their approval or rejection; and if a majority of 
the electors voting on said amendments, at said election, 
shall adopt the amendments, the same shall become a part 
of the Constitution. When more than one amendment shall 
be submitted at the same time, they shall be so submitted as 
to enable the electors to vote on each amendment separately; 
and not more than three propositions to amend shall be sub- 
mitted at the same election. 

2. Whenever two-thirds of the members elected to each 
branch of the Legislature shall think it necessary to call a 

1 This section amended (as here i^rinted) in November, 1861, 



1 60 Conditation of tJie State of Kansas. 

convention to revise, amend, or change this Constitution, they 
shall recommend to the electors to vote at the next election 
of members to the Legislature, for or against a convention; 
and if a majority of all the electors voting at such election 
shall have voted for a convention, the Legislature shall, at 
the next session, provide for calling the same. 

ARTICLE XT.— Miscellaneous. 

1. All officers whose election or appointment is not other- 
wise provided for, shall be chosen or appointed, as may be 
prescribed by law. 

2. The tenure of any office not herein provided for may 
be regulated by law; when not so declared, such office shall 
be^held during the pleasure of the authority, making the ap- 
pointment ; but the Legislature shall not create any office the 
tenure of which shall be longer than four years. 

3. Lotteries and the sale of lottery tickets are forever pro- 
hibited. 

4-. All public printing shall be done by a State printer, 
who shall be elected by the Legislature in joint session, and 
shall hold his office for two years, and until his successor shall 
be elected and qualified. The joint session of the Legislature 
for the election of a State printer shall be on the third Tues- 
day of January, A. d. 18G9, and every two years thereafter. 
All public printing shall be done at the ca^^ital, and the 
prices for the same shall be regulated by law. 

5. An accurate and detailed statement of the receipts and 
expenditures of the public moneys, and the several amounts 
paid, to whom, and on what account, shall be published, as 
prescribed by law. 

6. The Legislature shall provide for the protection of 
the rights of women, in acquiring and possessing property, 
real, personal, and mixed, separate and apart from the hus- 
band; and shall also provide for their equal rights in the 
possession of their children. 



Coii.stifafion of the Stale of Kansas. 1 07 

7. The Legislature may reduce the salaries of officers wlio 
siiall neglect the performance of any legal duty. 

8. The temporary seat of government is hereby located at 
the city of Topeka, county of Shawnee. The first Legislature 
under this Constitution sluill provide by law for submitting 
the question of the permanent location of the capital to a 
popular vote, and a majority of all the votes cast at some 
general election shall be necessary for such location. 

9. A homestead to the extent of one hundred and sixty 
acres of farming land, or of one acre within the limits of 
an incorporated town or city, occupied as a residence by the 
family of the owner, together with all the improvements on 
the same, shall be exempted from forced sale, under any pro- 
cess of law, and shall not be alienated without the joint con- 
sent of husband and wife, when that relation exists; but no 
property shall be exempt from sale for taxes, or for the pay- 
ment of obligations contracted for the purchase of said prem- 
ises, or for the erection of improvements thereon; j^^^ovided, 
the provisions of this section shall not apply to any process of 
law obtained by virtue of a lien given by the consent of both 
husband and Avife. 

10. The manufiicture and sale of intoxicating liquors shall 
be forever prohibited in this State except for medical, scien- 
tific, and mechanical purposes. ^ 



^ This section was adtled as a new section in November, 1880. 



INDEX TO LOCAL GOVERNMENT IN KANSAS. 



Academy of Science, 84.* 

Acts, legislative — when in force, 

119. 
Agent, State, 103. 
Agricultural College, the, 149. 

Society, State, 81. 

Assembly, the, 105. 
Assessments (taxes), 137. 
Assessor, City, 58, 139. 

Township, 139. 

Assessors, E-ailroad, 78. 
Associate Justices, 122. 
Asylum, Blind, 155. 

Deaf and Dumb, 156. 

Feeble- Minded, 156. 

Insane, 154. 

Orphan, 160. 

Attorney, City, 58. 

County, 41. 

Attorney-General, 74. 
Auditing Board, Township, 22, 23. 
Auditor, County, 43. 
Australian Ballot Law, 17. 

Base Line, 173. 

Benevolent Institutions, 152-160. 

Bills, legislative, 115. 

reading of, 116. 

signed by, 118. 

vote necessary to pass, 118. 

Blind Asylum, 155. 

Board of Education, City, 63. 

State, 87. 

Board of Equalization, County, 140. 

State, 141. 

Board of Health, County, 44. 

State, 44 (note), 90. 

Board of Pardons, State, 92. 



Board of Pharmacy, State, 92. 
Board of Trustees of Charitable In- 
stitutions, State, 89. 

" Called Session " of Legislature, 

112. 
Canons — four— of Taxation, 133. 
Canvassers, County, 35. 

State, 67. 

Certificates, State, 87. 

Charitable Institutions, Trustees 

of, 89. 
Chief Justice, 122. 
Circuit Court, U. S., 183. 
Cities, 50-65. 

Classification of, 51. 

City Assessor, 58, 139. 

Attorney, 68. 

Board of Education, 63. 

Clerk, 58. 

Eugineer, 62. 

Government, 55. 

Market-Master, 60. 

Mayor, 56. 

Officers, 56-62. 

Ordinances, 55. 

Organization , 52, 

Police Judge, 57. 

Prisons, 163. 

Registration, 53. 

Schools, 63. 

Street Commissioner, 62. 

Superintendent, 63. 

Taxes, 138. 

Treasurer, 58. 

Weigh-Master, 59. 

Clerk, City, 58. 
County, 36. 



The figures refer to the paragraphs in the body of the work, from page 53 to page 
, uiclusive. The Analysis" must serve as an index to the Constitution. 



169 



170 



In flex. 



Clerk, District Court, 4:5 (note), 
124. 

School District, 7. 

Supreme Court, 122. 

Township, 20. 

U. S. District Court, 183. 

Clerks, Legislature, 113. 
Commissioner of Fisheries, 98. 

Labor Statistics, 90. 

Commissioners, County, 3"). 
Commissioners of Highways, 

Township, 22. 
Committee of the Whole, 114. 
Committees, legislative, 114. 
Compulsory Law, educational, 9. 
Conductor, Normal Institute, 148 

(note) . 
Congressional Districts, 182. 
Congressmen, 182. 

election of, 182. 

qualifications, 182. 

term, 182, 

Constables, 26. 

Convergence of Meridians, 176. 

Convicts, efiforts to reform, 167. 

employment of, 367. 

punishment of, 166. 

Coroner, 40. 

Correction lines, 177. 

Corruption of courts, 131, 

Counties, how established, 31, 

number of, 31 (note). 

County, the, 31-40. 

County Attorney, 41. 

Auditor, 43. 

Board of Equalization, 140. 

Board of Health, 44. 

Canvassers, 35, 

Clerk, 36. 

Commissioners, 35. 

Coroner, 40. 

Elections, 34. 

Examiners, 46, 

Health Officer, 44, 

High Schools, 147. 



County Jails, 164, 16.-). 

Normal Institutes, 148 (note). 

Officers, 34-47. 

Organization of, 32. 

Eegister of Deeds, 38, 

Seat, how chosen, 33, 

-^ SherifiF, 39, 

Superintendent of Instruction, 

45. 

creates school districts, 2. 

in cities, 63, 

Surveyor, 42. 

System, 15, 

Tax, 139, 

Treasurer, 37, 

Court Common Pleas (Sedgwick 
County), 123 (note), 

District, 121, 123, 

Justice's, 27, 129. 

Police, 57. 

Probate, 125, 

Supreme, 122. 

U. S. Circuit, 184. 

LT. S. District, 183. 

Crime, how to lessen or prevent, 

170, 
Criminals, defined, 162, 

Danger, in cities, 65. 
Deaf and Dumb Asylum, 156. 
Defective classes, the, 154. 
Director, School District, 7. 
District Attorney, U. S., 183. 
District Courts, 121, 123. 
District Court, Clerk, 124. 

Judge, 124. 

Stenographer, 124. 

Terms, 123. 

U. S.,183. 

District Judge, TJ. S., 183. 
District (School) Tax, 138. 
Districts, legislative, how deter- 
mined, 108. 

Eepresentative, 108. 

Senatorial, 107. 

Doorkeepers, 113. 



Index. 



171 



Education, Higher, 144, 151. 

State Board of, 87. 

Elections, how conducted, 17. 

County, 34. 

State, G7. 

Township, 17. 

Electors, who are? 4 (note). 

Presidential, 180. 

Emhezzlement, State Funds, 73. 
Emporia Normal School, 148. 
Engineer, City, 62, 
Equalization, County Board, 140. 

State Board, 141. 

Examiners, County Board, 46. 
Examining Board, State, 73. 
Executive Council, 76. 

Feehle-Minded, Asylum for, 156. 

Felony defined, 162. 

Fence- Viewers, 24. 

Fisheries, Commissioner of, 98. 

Free Schools, why established, 1. 

Government Survey, 171. 
Governor, 69. 
Graded Schools, 145. 
Grand Jury- 127. 

Health, County Board of, 44. 

State Board of, 90. 

Health Officer, County, 44. 
Higher Education, 144-151. 
High Schools, 146, 147. 
Highways, 22, 25 (note to each). 
Historical Society, State, 86. 
House of Representatives, 105. 

Improvement Taxes, 137. 

Infamous Crimedefined, 162(note). 

Initial Point, 172. 

Inquest, Coroner's, 40. 

Insane, the, 154. 

Insane Asylums, 154. 

Inspector of Mines, 97. 

Oils, 61, 100. 

Instructor, Normal Institute, 148 
(note). 



Insurance, State Superintendent 
of, 94. 

Jails, County, 164, 165. 

Joint District, 8. 

Joint Sessions, Legislature, 112. 

Judge District Court, 124. 

Police Court, 57. 

Supreme Court, 122. 

U. S. Circuit Court, 184. 

U. S. District Court, 183. 

Judicial Districts, number of, 123. 

Judiciary, organization, 121. 

Judiciary, the, 121-131. 

Juries, 127-130. 

Jury, exemi)tions from, 130 (note). 

Grand, 127. 

Justices' Court, 27, 129. 

Petit, 128. 

Trial by, 127. 

Justices of the Peace, 27. 

Labor Statistics, Commissioner of, 
96. 

Land Office, State, 72. 

Land Surveys, 171-179. 

Legislation, objects of, 120. 

Legislative Districts, how deter- 
mined, 108. 

Legislators, election, 110. 

pay. 111. 

qualifications, 109. 

Legislature, the, 105-120. 

Acts, when in force, 119. 

Bills, 115. 

reading of, 116. 

signed by, 118. 

vote necessary to pass, 116. 

"Called Session," 112. 

Clerks, 113. 

Committee of the Whole, 114. 

Committees, 114, 

Doorkeepers, 113. 

Joint Session, 112. 

Limit of Session, 112. 

. Overriding a veto, 118. 



172 



Index. 



Legislature, Pages, 113. 

Petitions, 115. 

Pocket Veto, 118. 

Postmaster, 113. 

Regular Sessions, 112, 

Secret Session, 112. 

Sergeant-at-Arms, 113. 

Sessions, 111. 

Speaker, 113. 

Special Committees, 114. 

Special Session, 112. 

Standing Committees, 114. 

Veto, 118. 

Librarian, State, 95. 
Library, School District, 10. 
Lieutenant-Governor, 70. 
Live-Stock Sanitary Commission, 

83. 
"Lock in Legislation," 117. 
Lower House, 105. 

Manhattan (Agricultural) College, 

149. 
Market-Master, City, GO. 
Marshal, City, 57. 

U. S,, 183. 

Mayor, 56. 

Medical Examiners, State, 91. 
Meridians, convergence of, 176. 
Mileage of legislators, 11. 
Mine Inspector, State, 97. 
Misdemeanor, defined, 27, 162. 
Municipal Corporations, 16 (note). 

National affairs, 180-185. 

Natiiralization, 185. 

Normal Institutes, County, 148 

(note). 
Normal Schools, 148. 
Notaries Public, 47. 

Oath, official, 5 (note). 
Occupation Tax, 136. 
Officers, City, 56-62. 

County, 34-47. 

Number of Local, 29 (note). 



Officers, School District, 5-7. 

State, 68-75. 

Township, 18-28. 

Oils, Inspector of, 61, 100. 
Ordinances defined, 55. 
Orphan Asylum, 160. 
< )verriding a veto, 118. 
Overseers of the Poor, 151. 

Pages, 113. 

Pardons, State Board of, 88. 

Patent (deed), U. S., 179. 

Paupers, 157. 

Penal Institutions, 161-170. 

Penitentiary, 166. 

Officers, 166. 

Punishment in, 166. 

Personal Property defined, 138 

(note). 
Petit Jury, 128. 
Petitions, 115. 

Pharmacy, State Board of, 92. 
Pocket Veto, 118. 
Police Judge, 57. 
Political Parties, origin of, 104. 
Poll-book, 17. 
Poll-tax, 135. 
Poor-Farm, 157. 
Posse, Sheriff's, defined, 39. 
Postmaster, Legislature, 113. 
Presidential Electors, 180. 
Principal of city schools, 63. 
Principal Meridian, 172. 
Printer, State, 93. 
Prisons, City, 165. 
Probate Court, 125. 

Terms, 125. 

Probate Judge, examines County 
Treasurer's accounts, 37. 

■ and the insane, 154. 

Public Buildings, inspection of, 90. 

land grants for, 66. 

Public Offences, 162. 

Ptailroad Assessors, 78. 
Commissioners, 77. 



Index. 



173 



Kange Lines, 174. 
Ranges, in Kansas, 178. 
Ratio of Representation, 182. 
Real Estate defined, 138 (note). 
Redemption from tax sales, 142. 
Reformatory, State, 169. 
Reform School, State, 168. 
Register of Deeds, County, 38. 
Register of State Land Office, 72. 
Registration of voters, 53. 
Regular Sessions, Legislature, 112. 
Reporter, Supreme Court, 122. 
Representation in Legislature, 106. 
Rejireseutation Districts, 48, 108. 
Representatives, number of, 48, 105. 

pay, 111. 

qualifications, 109. 

term of office, 110. 

Representatives, U. S., 182. 
Road-Overseer, 25. 

defined, 25 (note). 

• permanent, 22. 

Road-tax, 134. 
School Age, 2. 
School District, 1-12. 

Annual Meeting, 4. 

Clerk, 7. 

Director, 7. 

District Board, 6. 

Joint District, 8. 

Library, 10. 

Name, 3. 

Officers, 5-7. 

Organization, 3. 

Treasurer, 7. 

Union District, 8. 

School-Fund Commissioners, 79. 
Schools, City, 63. 

endowment, 66. 

Secret Sessions, Legislature, 112. 

Secretary of State, 71. 

Sections, 179. 

Senate, 105. 

Senatorial Districts, 48, 107. 

Senators, State, number, 48, 105. 



Senators, State, term, 110. 
Senators, U. S., election, 181. 

qualifications, 181. 

term, 181. 

Sergeant-at-Arms, 113. 
Sheriff, 39. 
Sinking-Fund defined, 80. 

Commissioners, 80. 

Sixth (or Kansas) Principal Merid- 
ian, 172. 
Soldiers' Orphans' Home, 159. 
Speaker, Legislature, 113. 
Special Committees, 114. 
Special Sessions, Legislature, 112. 
Standard Parallel, 177. 
Standing Committees, 114. 
State, the, 66-104. 

Agent, 103. 

Agricultural Society, 81. 

Auditor, 72. 

Board of Agriculture, 81. 

Education, 87. 

Equalization, 141. 

Health, 44 (note), 90. 

Pharmacy, 92. 

Trustees of Charitable In- 
stitutions, 89. 

Canvassers, 67. 

Certificates, 87. 

Elections, 67. 

Examining Board, 73. 

Historical Society, 86. 

Medical Examiners, 91. 

• Mine Inspector, 97. 

Officers, 68-103. 

. Organization, 66. 

Printer, 93. 

Reformatory, 169. 

Reform School, 168. 

Superintendent of Instruction, 

75. 

Tax, 138. 

Treasurer, 73. 

University, 150. 

Veterinary Surgeon, 83. 



174 



Index. 



Stenographer, District Court, 124. 
Street Commissioner, City, 62. 
Superintendent of Instruction, 
City, 63. 

County, 45. 

Insurance, State, 94. 

State, 94. 

Supreme Court, 122. 

Associate Justices, 122. 

Chief Justice, 122. 

Clerk, 122. 

Reporter, 122. 

Terms, 122. 

Survey, U. S., 31, 171-179. 
Surveyor, County, 42. 
Tax, assessments, 137. 

City, 138. 

city improvement, 137. 

County, 138. 

District, 138. 

occupation, 136. 

poll, 135. 

road, 134. 

rolls, 140. 

sales, 142. 

State, 138. 

Township, 138. 

Taxation, 132-143. 

■ defined, 132. 

four canons of, 133. 

property exempt from, 138 

(note). 
Taxes, a charge on land, 142. 

defined, 132. 

how paid, 142. 

legal ground for, 132. 

Terms, Probate Court, 125. 

Supreme Court, 122. 

Territorial Legislature, and coun- 
ties, 31. 
Text-books, uniformity in, 11. 
Township, the, 13-30. 

Assessor, 139. 

Aud.ting Board, 22, 23. 



Township Clerk, 20. 

Commissioners of High ways,22 

Constables, 26. 

Elections, 17. 

Fence- Viewers, 24. 

J ustices of the Peace, 27. 

Lines (survej^s), 175. 

Township, Name, 16. 

Oflicers, 18, 28. 

Organization, 16. 

Road-Overseer, 25. 

Tax, 138. 

• Treasurer, 21. 

Trustee, 19. 

Townshii^s (surveys), 176, 178. 

New England method, 15. 

■ Southern method, 15. 

Western method, 15. 

Treasurer, City, 58. 

County, 37. 

School District, 7. 

State, 73. 

Township, 21. 

True Bill (Grand Jury), 127. 
Trustee, Township, 19. 
Trustees of Charitable Institutions, 
State, 89. 

Uniformity of Text-books, 11. 
Union District, 8, 145. 
University, the State, 150. 
Upper House, Legislature, 105. 
U. S. Circuit Court, 184. 
U. S. District Court, 183. 
U. S. Survey, 13, 171-179. 

Vagabonds defined, 161. 
Vagrants defined, 161. 
Veterinary Surgeons, State, 83. 
Veto, 118. 

overriding a, 118. 

pocket, 118. 

Vote necessary to pass a bill, 116. 

Weigh-Master, City, 59. 

Women, can vote — when, 4 (note). 




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